Natural justice

Definition: Natural justice also known as substantial justice, fundamental

justice universal justice and fair play in action. It is very difficult to
define the term natural justice. Natural justice can not confined in a
specific definition. It has different shape in different situation.
The theory of democracy, Rule of law and common law are the
correspondence to the theory of natural justice.
However, natural justice means minimum standard of fair procedure
which must be followed by administrative authority during taking any
action or decision by them.
Principles of natural justice: There have 2 principles of natural justice:1. Rule against bias.
2. Rule of fare hearing.
These principles are discussed below:1. Rule against bias: The position of natural justice is against bias. Bias
means to influence by someone improperly to do something by any
means. Bias means partiality.
Bias means an operative prejudice, whether conscious or unconscious, in
relation to a party or issue.
Bias may be following kinds:1. Personal bias.
2. Departmental bias.
3. Financial bias.
4. Bias as to the subject matter.
1. Personal bias: A judge may be a relative, friend or business associate
of a party. Personal bias arises from a certain relationship equation
between the deciding authority and the party.
2. Pecuniary or financial bias: It arises when the deciding authority or
officer have any financial interest with any party. A party may impress a
judge by finance.
3. Departmental bias: Lower authority may be influenced by the higher
authority in case of taking decision. Its called departmental bias.

4. Bias as to the subject matter: Bias as to the subject matter arises

where the deciding officer is directly, or otherwise, involved in the
subject matter of the case.
The first principle of natural justice is based on three maxims:1. No man shall be judge in his own cause.
2. Judges should be above suspicion.
3. Justice should not only be done, but manifestly and undoubtly be seen
and to be done.
These are discussed below:1. No man shall be judge in his own cause: No man can identify his
fault, wrong and defects. It is impossible for a man to determine his fault.
Where a man judge in his own cause there has no possibility of being
natural justice.
2. Judges should be above suspicion: To ensure justice as well as
natural justice judges should be above all suspicion. Judges must have
integrity. Judges must be a person of high morality. They should be above
fear and favour.
3. Justice should not only be done, but manifestly and undoubtly be
seen and to be done: That means justice must be in prima facie form.
Prima facie form means in general sense it must be clear to all that there
have occurred justice.
Rule of fare hearing:
The second fundamental principle of natural justice is audi alteram
partem. It means no man should be condemned unheard or both
parties must be heard before passing any order.
Rule of fare hearing indicates that to ensure natural justice no party must
be punish without hearing. To ensure natural justice hearing must be fare.
Under this principle a party must have following rights:1. Right of notice.
2. Right to presentation of case.
3. Right to presentation of evidence.
These are discussed below:-

1. Right of notice: Before any action is taken against any person, notice
must be submitted to him. Any order passed without giving notice is
against the principle of natural justice and is void-ab-initio.
Even if there is no provision in the statue about giving of notice, the
notice must be given. The notice must be clear, specific and unambiguous
and the charges should not be vague and uncertain.
2. Right to presentation of case: The adjudicatory authority should
afford reasonable opportunity to the party to present his case. This can be
done through writing or orally at the discretion of the authority.
Without presentation of case by any one party, it is impossible for the
adjudicatory authority to ensure justice.
3. Right to presentation of evidence: Every party of a dispute of suit has
right to presentation of evidence and has right to evidences against him.