1. EFFECTS OF NON COMPLIANCE
OF PRINCIPLE OF JUSTICE.
-Rahul Dorai G
V semester
B.A.,LL.B.
2. TABLE OF CONTENTS.
• Introduction.
• Principles of Natural justice.
• Effects of failure of natural justice.
• Conclusion.
• References.
3. INTRODUCTION.
• Natural justice is an expression of English common law, and involves a procedural
requirement of fairness. The principles of natural justice have great significance in
the study of Administrative law.
• It is also known has substantial justice or fundamental justice or Universal justice or
fair play in action. The principles of natural justice are not embodied rules and are
embodied rules and are not codified. They are judge made rules and are regarded
counterpart of the American procedural due process.
• "Natural Justice implies, fairness, equity and equality"
4. PRINCIPLES OF NATURAL JUSTICE.
There are two principles of Natural justice.
1. Doctrine of Bais.
NEMO DEBUT ESSE JUDEX NO PROPRIA CAUSA.
— No man shall be a judge in his own cause.
2. Rule of fair hearing.
AUDI ALTERAM PARTEM
— No man should be punished or condemned unheard.
5. PRINCIPLES OF NATURAL JUSTICE IN INDIA.
• In India Principles of Natural justice are firmly grounded in Article 14 and
21 of the constitution. (Maneka Gandhi v Union of India (AIR 1978 SC 597
A.K. Kraipak v UOI 1979 SC)
• " The Procedure established by Law" under article 21 ensures the concept
of substantive and procedural due process.
• "The procedure established by law" must answer the test of
reasonableness, means cannot be arbitrary, or oppressive.
• "The procedure established by law" must be fair just and reasonable.
6. EFFECTS OF NON COMPLIANCE OF PRINCIPLE
OF NATURAL JUSTICE
• The Non observance of Principles of natural Justice is itself prejudice to
any man and proof of prejudice independently of proof of denial of natural
justice is unnecessary.
• Non Compliances of principle of natural justice does not always make an
action Void ab initio.
• Mere technical infirmity not causing substantive injustice would not always
an action invalid.
7. • Every administrative action in sense is voidable, because it is valid, until it
is struck down by the Court.
• Non Compliance of the rule of fair hearing is an action without jurisdiction
It is ultra vires act and has to be nullity.
• In England, in the case of Ridge v. Baldwin the court held the decision of the authority
void on the ground of the breach of the rule of fair hearing.
8. EXCEPTIONS OF PRINCIPLES OF NATURAL
JUSTICE .
• Exclusion in Legislative Work
• Emergency
• Academic Evaluation
• Impractical Circumstances
• Statutory Exclusion
• Provisional Disciplinary Action
9. CONCLUSION.
• The principles of natural justice have been adopted and followed by the
judiciary to protect public rights against the arbitrary decision by the
administrative authority. One can easily see that the rule of natural justice
include the concept of fairness: they stay alive and support to safeguard
the fair dealing.
10. BIBLIOGRAPHY.
• S P Sathe — Administrative law 7th edition — LexisNexis publications
—2015.
• M P Jain and S N Jain — Principles of Administrative Law—LexisNexis
publications —2021.
