Principles of Natural Justice: Meaning & the 3 Principles - UPSC Notes

The Principles of natural justice are fundamental principles of fair administrative decision-making and legal procedure. These are based on the common law tradition, so that any judicial or quasi-judicial process shall be fair and just for the individual. Some of the core principles are the right to a fair hearing (audi alteram partem) and the rule against bias (nemo judex in causa sua), taken together to protect procedural fairness and to prevent arbitrary exercises of authority. These principles safeguard the integrity of the legal process. They support public confidence in the process through transparency, equity, and reasonableness.

Principles of Natural justice is an important aspect of the law to ensure fairness and justice. As an UPSC Civil Services aspirant, it is crucial to understand the principles of natural justice and their significance in upholding fairness and due process. 

This article focuses on three key principles: Rule Against Bias, Rule of Fair Hearing, and Reasoned Decision. These principles ensure that decision-makers are impartial. Also, these principles make sure that all the parties have an opportunity to present their case, and decisions are based on reasoning.

Principles of Natural Justice Meaning

The Principle of Natural Justice, rooted in the Roman law term 'Jus Natural,' is closely tied to Common law and moral principles but lacks codification. It represents a law of nature, not derived from any statute or constitution. Embraced by citizens in civilized states, it holds supreme importance. In the historical era of industrial dominance, marked by harsh employment practices, the Supreme Court intervened, introducing social, justice, and economic statutory protections for workers over time. Natural justice entails a sensible and reasonable decision-making process, emphasizing the procedure and the participants involved, going beyond the concept of 'fairness' with its diverse shades and nuances depending on the context. 

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What are the Three Principles of Natural Justice?

These principles are explained in detail below:

Nemo Judex in Causa Sua or Rule Against Bias 

This principle states that no person shall be a judge in his or her cause. It means that a decision-maker must be impartial and unbiased while making a decision. The rule against bias can be divided into four types:

• Personal Bias: Personal bias results from a relationship between a decision-making authority and the parties that inclines him/her unfavorably. 
  • Such an equation might arise from many sorts of personal or professional animosity or friendship. 
  • For example, if a judge has a personal interest in a case, it can lead to personal bias. 
  • This bias can arise from relationships or prior involvement in the matter. 
  • Personal bias affects the fairness of the decision-making process.
• Pecuniary Bias: When a judge has a financial interest that can impact their judgment. It refers to Pecuniary Bias. 
  • This occurs when the judge can have a financial connection with one of the parties involved. 
  • Pecuniary bias weakens the integrity and fairness of the decision-making process.
  • When there is pecuniary bias, it raises concerns about the impartiality and credibility of the decision rendered.
• Subject Matter Bias: Subject matter bias happens when the person making a decision already has a strong opinion or bias about any topic or subject. 
  • This can affect a decision. Therefore, a person cannot remain neutral and fair.
• Policy Notion Bias: This bias occurs when a judge is influenced by their ideological beliefs. 
  • It involves a predetermined stance on the policy issues related to the case. 
  • Policy notion bias compromises the neutrality and impartiality required in decision-making.

Other forms of bias may include religious bias, racial bias, and gender bias. These prejudices are the result of individual thoughts or discriminatory attitudes. They may threaten the fairness of the decision-making process.

Audi Alteram Partem or Rule of Fair Hearing

“Audi alteram partem” or the rule of fair hearing principle, means "hear the other side." It helps ensure fairness, openness, and accountability.

For example, a person is accused of doing wrong. He/she is denied an opportunity to defend himself/herself. It would be an unjust and unfair situation. Audi alteram partem plays an important role in this situation. It ensures that no one is convicted or prejudged without a fair opportunity to be heard.

The principle of "audi alteram partem" is a Latin term. It means to "hear the other side." It makes sure that each party to a legal or judicial proceeding gets a chance to be heard before a decision is made. It plays an important part in natural justice. The rule of fair hearing requires that individuals affected by a decision have the right to know the case against them, respond to the allegations, and present their evidence and arguments.

The rule of fair hearing encompasses several aspects:

• Notice: The individual facing trial must be informed of the specific nature of the accusations made against him. A person should be given oral or written intimation of the allegations. He/ she must be given a reasonable opportunity to prepare and respond.
• Right to be heard: A person should be given a fair opportunity to present their case. For example, the right to call witnesses, cross-examine witnesses presented by the other side and make legal arguments.
• Opportunity to present evidence: A person should have the right to submit evidence to support their case.
• Impartial decision-maker: The decision-maker should be neutral and unbiased. He should be free from conflicts of interest that may affect their judgment.

Importance of the Rule of Fair Hearing

The Rule of fair hearing is important in the following ways:

• Protection of individual rights: The rule of fair hearing helps protect individuals' rights. It ensures that no one is deprived of life or liberty without an opportunity to present their case.
• Due process and procedural fairness: It assures every decision is made on unbiased consideration.
• Confidence in the legal system: The rule of fair hearing promotes public confidence in the legal system. When individuals believe that they have been heard, the people are more likely to have faith in the fairness and integrity of the process and its outcomes.
• Preventing arbitrary exercise of power: Fair hearing assures just process. It does not include personal biases or arbitrary judgments.
• Upholding the principles of natural justice: One of the pillars of natural justice is the rule of fair hearing. It follows the values of equality, justice, and the right to be heard. These principles are essential for a just legal system.

Speaking Orders or Reasoned Decision

In the pursuit of justice, there are many important principles. One such principle is the speaking orders or reasoned decisions. Judges and authorities should explain their decisions carefully and clearly. It is very important for the judicial system's impartiality, openness, and accountability.

• Speaking orders involve judges explaining their thought processes. The judges also explain the laws they used to make the decision. This ensures the rule of natural justice.
• A reasoned decision has many benefits. It helps parties understand why their rights were affected and if the decision is fair. It also allows them to challenge the decision if needed. Decisions with reasons build trust in the legal system. It shows that decisions are based on laws and logical thinking, not on bias.
• Speaking orders also have a bigger impact on society. They help make consistent decisions and create legal guidelines for the future. They also let people evaluate and criticize decisions. This keeps the legal system accountable.
• In India, the courts have emphasized the importance of speaking orders through important judgments. The Supreme Court says that reasoned decisions are important, especially in fundamental rights cases. Courts believe that a fair trial includes getting a decision with reason. Even Article 21 of the Constitution guarantees a fair trial.
• Speaking orders should not only be used in courts. But they should also be used in administrative and quasi-judicial bodies. Speaking orders as a principle of natural justice in administrative law ensures fair treatment and due process. These bodies have power and can affect people's rights. They should be fair and transparent in making decisions.

The rule of natural justice is crucial in the legal system. They ensure that decisions are based on evidence and facts, not on biases or personal opinions.

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Objectives of Principles of Natural Justice

The major Objectives of the principles of natural justice include:

• To ensure an equal opportunity for all to be heard, the concept of fairness is fundamental. It aims to address gaps and loopholes in the law, safeguarding Fundamental Rights and upholding the basic features of the Constitution. 
• The principles of natural justice play a crucial role in preventing any miscarriage of justice. 
• The court, in line with these principles, should be free from bias, allowing parties a fair opportunity to present their case.
• Additionally, the court must inform the respective parties of all reasons and decisions taken to maintain transparency and uphold the principles of justice. 
• The Supreme Court emphasizes that the purpose of judicial and administrative bodies is to arrive at a reasonable and justifiable judgment, primarily aiming to prevent any miscarriage of justice.

Principles of Natural Justice and the Constitution of India

The principles of natural justice are not defined in the Indian Constitution. These are important for the concept of a fair judicial system. These ideas have their origins in fundamental rights.

• Right to Equality ( Article 14): The Constitution guarantees the right to equality before the law and equal protection of the laws. This is based on the principle of natural justice.
• Right to Life and Personal Liberty ( Article 21): The Constitution guarantees the right to life and personal liberty. The judiciary included the right to a fair trial in this article.
• Protection against arrest and detention in certain cases ( Article 22): It includes the right to be informed of the grounds of arrest. It includes the Right to consult a legal practitioner of one's choice. It also includes the right to be produced before a magistrate within 24 hours of arrest.
• Separation of judiciary from the executive (Article 50): This article directs the state to separate the judiciary from the executive. This ensures that the judiciary can function independently and impartially. The judiciary should be free from any interference from the executive.

Similarly, a number of regulations and laws in India offer the implementation of natural justice principles. For example, the Administrative Tribunals Act 1985 and the Code of Civil Procedure, 1908.

Major Judicial Pronouncements Related to Natural Justice

Some landmark judgments have emphasised the importance of the principles of natural justice in the Constitution of India. These judgments have strengthened the protection of fundamental rights guaranteed under the Constitution. Some of them are given below:

• Maneka Gandhi vs Union of India (1978): In this case, the Court held that the right to travel abroad is a part of the right to personal liberty. The court emphasized the importance of providing an opportunity to be heard before taking any action.
• Manohar Lal Sharma vs The Principal Secretary & Ors. (2014): It was held that where the allegations are based on anonymous complaints, principles of natural justice must be followed. The court held that the person against whom allegations are made must be given an opportunity to be heard.
• A.K. Kraipak vs Union of India (1969): It is important to have an impartial and independent decision-making authority. The court held that the rule against bias is important to natural justice. It was said decision-making authority must be free from bias or personal interest.

These judgments have played an important role in assuring the implementation of natural justice.

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Limitations of the Principles of Natural Justice in Administrative Law

The principles of natural justice ensure fairness and justice in legal proceedings. Certain limitations may arise in specific circumstances. Significant limitations related to these principles are

National Security Concerns

The principle of natural justice can be modified due to national security concerns. This exception recognises the safety of the state and its residents. Concerns about National security may arise in cases of terrorism, espionage, or other threats to the safety and security of a country. The government or relevant authorities may impose restrictions on the disclosure of information. Limitations imposed on natural justice in the name of national security should be reasonable. It should be necessary to protect the state's legitimate interests.

Protection of Confidential Information

The disclosure of certain sensitive or confidential information may cause harm to the state. This exception often arises about trade secrets, classified information, or personal data. The need to safeguard such information may need restrictions.

• Efforts should be made to strike a balance between protecting the information and ensuring a fair hearing. Measures such as camera proceedings or special procedures can be used to protect such information.
• These exceptions are not absolute and must be applied carefully. Restrictions on the principles of natural justice should be subject to judicial review. The goal should be to ensure the interests of justice, fairness, and due process. 
• It is the duty of the courts to evaluate the circumstances. After evaluation, a fair balance between the protection of public interests and the rights of individuals should be made. involved in legal proceedings.

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