Natural Justice is nowhere used in Indian Constitution although the constitution has passed the golden thread of natural justice. The base of principle of natural justice is to ensure fairness in social and economical activities of the people and also shields individual liberty against the arbitrary action. Natural justice promotes equity, fairness and equality. In the concept of common law, natural justice represents higher procedural principles which is developed by the courts and must be taken into consideration by every judicial, quasi-judicial and administrative agency before taking any decision that adversely affects the rights of a private individual. To maintain public confidence in the legal system the basis for the rule against bias is the needed. So, natural justice is an important part of constitution.
The role and jurisdiction of administrative agencies is increasing at a rapid pace in India today. If the function of the state is not charged in a just and fair manner the Rule of Law would lose its validity. Natural Justice is firmly grounded to Article 14 and 21 of Indian Constitution. Since violation of natural justice leads to arbitrariness, so violation of justice is violation of equality.
The natural justice mainly focuses on the following:
1. Nemo judex in causa sua – one cannot be made a judge in his own cause or the rule against bias.
2. Audi alteram partem – a judge should always listen to the other party or a fair hearing must should be done before any order.
Principles of Natural Justice in India are as follows
- The social and economic justice can be seen in the Preamble of Constitution are based on natural justice.
- Article 311 has many features of natural justice without explicit mention of it
- According to Article 14 violation of natural justice is equal to violation of equality.
Our lives started to be dominated by the rules of law more, rather than law of nature with the advancement of civilisation. These principles are the outcome of the necessity of judicial thinking, as well as the necessity to evolve the norms of fair play. Natural Justice is justice in deed and in truth while legal justice is justice declared and recognized by law. Natural Justice is based on good conscience and human values that follows a fair procedure. Analogous to principles of equity is principles of Natural Justice.
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