Natural Justice, Principles of

Principles of natural justice are applicable to domestic administrative tribunals and specially the authorities which are discharging quasi-judicial or administrative functions.

Purpose and scope of the principles of "natural justice" stated.

Principles of natural justice require that the delinquent should be afforded a fair-minded opportunity to converge, give explanation and contest the allegation before he is found guilty and condemned

No decision affecting the right of any person should be taken without providing an opportunity of being heard.

Principles of natural justice were firmly established and deep rooted in the judicial conscience and was entrenched and embedded in every decision making function either judicial, quasi-judicial or administrative and as a fundamental rule of law, no decision must be taken affecting the right of any person without first being informed of the case and affording an ample opportunity of defence.

Purpose and scope of the principles of "natural justice" stated.

Principles of natural justice require that the delinquent should be afforded a fair-minded opportunity to converge, give explanation and contest the allegation before he is found guilty and condemned

No decision affecting the right of any person should be taken without providing an opportunity of being heard.

Principles of natural justice were firmly established and deep rooted in the judicial conscience and was entrenched and embedded in every decision making function either judicial, quasi-judicial or administrative and as a fundamental rule of law, no decision must be taken affecting the right of any person without first being informed of the case and affording an ample opportunity of defence.

When an act inflicted civil consequences on a person in respect of such person's financial dealings, business, property or reputation, then such person was entitled to be afforded opportunity of hearing before such action/order was taken or passed.

Maxim: Audi alteram partem applies to the judicial, quasi-judicial and administrative bodies.

In all proceedings by whomsoever held, whether judicial or administrative, principles of natural justice have to be observed if proceedings result in consequences affecting person or property or other rights of parties concerned

Without participation of party effected by an order or a decision amounts to an action without lawful authority

Requirement of maxim Audi Alteram Partem is not confined to proceedings before courts but extends to all proceedings by whomsoever held which may affect a person or property or other rights of parties concerned in dispute

Principles of natural justice must be read into each and every statute unless and until it is prohibited by statute itself.

Principles of natural justice have to be read in each and every statute unless and until prohibited by the wording of the statute itself.

Person could not be made devoid of his/her due legal right accrued to such person during currency of a particular legal instrument and thereby such person could not be subject to less beneficial treatment; and departure from such principle was an exception.

Principles of natural justice were to be read as part of every statute unless expressly excluded.

Principles of natural justice were to be construed as part and parcel of every statute even if not contained in the statute and it shall apply to all proceedings, whether judicial or administrative in nature.

Nobody should be condemned unheard and no adverse order, concerning person's rights could be passed against any party without hearing him

Such rule of natural justice, which unless prohibited by wording of statute, must be read in each and every statute.

Violation of the principles of natural justice enshrined in the maxim "audi alteram partem" was enough to vitiate even most solemn proceedings and where adverse action was contemplated to be taken against a person, such person had a right to defend such action, notwithstanding the fact that the statute governing his right did not contain provision of the principles of natural justice and even in absence thereof, it was to be considered as a part of such statute in the interest of justice

Principles of natural justice were inbuilt part of civil contracts

Principles of natural justice had to be applied in all kinds of proceedings strictly and departure therefrom would render subsequent actions illegal in the eye of law

In all proceedings by whomsoever held, whether judicial or administrative, principles of natural justice had to be observed if the proceedings might result in consequences affecting the person or property or other right of the parties concerned and said rules applied even though there may be no positive words in a statute or legal document whereby their powers were vested to take such proceedings, for, in such cases such requirement was to be implied into it as the minimum requirement of fairness

Whenever any person or body of persons was empowered to take decision after ex-post facto investigation into acts which would result in consequences affecting the person, property or other right of another person, then in the absence of any express words in such enactment giving such power excluding the application of the principles of natural justice, the Courts were inclined generally into imply that the power so given was coupled with the duty to act in accordance with such principles of natural justice as may be applicable in the facts and circumstances of a case.

Right to fair trial and right/opportunity of hearing, were cardinal principles of natural justice which had to be read into every statute even if the same were not specifically provided therein.

Any order in violation of natural justice would be null and void.

Principles of natural justice are flexible and not rigid and determination of application of these principles depends on circumstances of each case

Various factors may be taken into consideration for such purpose, such as the nature of inquiry, the subject matter being dealt with, whether anything unfair can be inferred if opportunity is not afforded, whether there is no apprehension of injustice etc.

Depending on facts and circumstances of each case, it would be sufficient if 'elementary and essential principles of fairness' have been fulfilled

In a given situation, it may be sufficient if person affected has been made aware of the nature of allegations, has been afforded a fair and reasonable opportunity to defend allegations and to controvert any statement made against him or her

It would not be mandatory in every case to examine witnesses in presence of person against whom allegations have been made, or to afford him or her an opportunity for cross examination

If a person who has been afforded a fair opportunity, which satisfies the requirements of elementary and essential principles of fairness, does not appear or fails to avail opportunity or is otherwise defiant, then he or she may not be able to raise a grievance relating to violation of principles of natural justice, as they would have no application in the given circumstances

In the exceptional cases application of doctrine of 'audi alteram partem' may even be excluded.

Determination of application of such principles depends on the circumstances of each case and various factors may be taken into consideration for such purpose, such as the nature of inquiry; the subject matter being dealt with; whether anything unfair can be inferred if the opportunity is not afforded; whether there is no apprehension of injustice etc.

Depending on the facts and circumstances of each case, it would be sufficient if 'elementary and essential principles of fairness' have been fulfilled

In a given situation it may be sufficient if the person affected has been made aware of the nature of allegations, has been afforded a fair and reasonable opportunity to defend allegations and to controvert any statement made against him or her

Not mandatory in every case to examine witnesses in presence of person against whom allegations have been made or to afford him or her an opportunity for cross-examination

If a person who has been afforded a fair opportunity which satisfies requirements of elementary and essential principles of fairness, does not appear or fails to avail opportunity, or is otherwise defiant, then he or she may not be able to raise a grievance relating to violation of the principles of natural justice, as they would have no application in the given circumstances

In exceptional cases application of the doctrine of 'Audi Alteram Partum' may even be excluded.

Principles of natural justice must be followed not merely as a formality but as a well meaning and effective requirement of law.

Principle of "audi alterm partem" was to be read into every statute regardless of whether the same was contemplated in the statute.

Law cannot be used as shield to deviate from following such principles.

Fair and just exercise of powers could only be ensured by strictly observing the principles of natural justice.

No detrimental action against a person could be taken without any prior notice to him and without assigning any valid reasons.

Affording an opportunity of hearing to a party affected by an order was sine qua non for passing of any such order.

State functionaries were required to afford a proper opportunity of hearing to an individual against whom an adverse order was going to be passed.

Administration of justice was to be freed from the narrow and restricted considerations which were usually associated with a formulated law involving linguistic technicalities and grammatical niceties

Substance of justice was to determine its form

Expressions "natural justice" and "legal justice", did not present a water-tight classification

Substance of justice which was to be secured; and whenever legal justice would fail to achieve that solemn purpose, natural justice was called in aid of legal justice

Natural justice relieved legal justice from unnecessary technicality, grammatical pedantry or logic prevarication, it would supply the omission of a formulated law.

Violation of principles of natural justice could be equated with violation of provisions of statutory instruments.

Principles.

No one can be condemned without giving him proper opportunity of defence.

Principles of natural justice must be read into every statutory provision and the exercise of any statutory power (unless there were compelling reasons or express provisions to the contrary).

Judgment and decree of a court of law should be based on the touchstone of natural justice

Before depriving someone of his legal right, he must first be heard.

Such principle would be deemed to be part of every statute, unless its application was specifically excluded.

Person sued in a court of law would be entitled as of right to defend himself and contest claim put forward by plaintiff

­Such right being manifestation of fundamental principles of natural justice would lie at the heart of judicial adjudicatory system.

Principles of natural justice underlie every provision of law and requirements of natural justice had to be fulfilled before saddling a subject with liability of tax.

Order passed by an authority against interest of a person without providing him opportunity of hearing would be an illegal order

Illustration.

Violation of principles of natural justice had been equated with the violation of the fundamental rights of a citizen under the Constitution

Principle of natural justice, however, could not be stretched to an extent, where it would lose its forcefulness and would lead to abuse thereof

Mode, manner and the stage of providing "personal hearing" would depend on circumstances of each case

"Right to a hearing" was of prime importance

Limits to its application, scope and its final .implication on the order so passed was acknowledged and respected

Where the "right to a hearing" had not been expressly so provided in a statute or a statutory rule or regulation, the most crucial and essential element, was to see that the party affected had not been "prejudiced" in its defence.

Such opportunity is not just a formality, but should be a meaningful consideration by Court or Tribunal of the submissions made by parties before disposing of any lis.

Nobody should be condemned unheard.

Rule of natural justice has to be read in every statute.

Principles of natural justice must be observed in all judicial, quasi-judicial and administrative proceedings affecting person, property or other rights of parties concerned

Principles stated.

Nobody should be condemned unheard and no adverse order, concerning his rights can be passed against any party without hearing him

Such rule of natural justice, which unless prohibited by wording of statute, must be read in each and every statute.

No one can be condemned unheard.

Principles of natural justice would be read into relevant provisions of law and available to a person having vested right and affected by an action taken to prejudice such right.

Right of personal hearing is an integral aspect of the rules of natural justice.

Right created by a competent authority could not be impaired or nullified without affording an opportunity of hearing to affected person

Such agreement for being void ab initio could be cancelled by competent authority without issuing prior notice to tenant

Illustration.

Concept of natural justice over the course of time had broadly been identified with the two constituents of a fair hearings; (a) that the parties should be given a proper opportunity to be heard; and to that end should be given due notice of hearing and (b) that a person adjudicating should be disinterested and unbiased.

Even if the law did not provide a hearing to a person before condemning him or deciding the matter in which he became an aggrieved party, principle of natural justice would be considered to be as part of law.