Introduction to Natural Justice

11 Pages Posted: 5 Jan 2019

Date Written: September 8, 2018

Abstract

Man is a rational animal, what is just and unjust is written in him by nature itself. With the growth of civilization, the problem of harmonizing the social, associational, economic and political relations between governed and government and individuals inter se became more complex. The want of establishing orderly and peaceful society continuously constrained man to be in search of higher norms, which can effectively regulate the human behaviour and ensure justice to the deserved. Though nature has its own law to govern all animate and inanimate life forms, yet its rules are subtle and un-manifest, subtle norms of natural laws were construed differently by individuals according to their own perceptions, self-interests and ideologies. Consequently, time and again, laws were made by the might (ruler) to the disadvantage of the weak (subjects). To protect himself against the excesses of organized power man always appealed to the omnipotent or someone beyond his own creation. The wise man from time to time argued that there are certain principles of justice regarded as fundamental and foundational to almost all legal systems which are called ‘principles of natural justice’. In this sense, natural justice implies fairness, reasonableness, equity and equality. It represents higher procedural principles developed by judges, which shall be followed by the judicial, quasi-judicial and administrative bodies in making a decision affecting the rights or status of an individual.

In this milieu, the first segment of the Module is designed to study the meaning of ‘justice’ and ‘natural justice’ in the first place and followed by a brief discussion on the history of the principles of natural justice, both in India and England. The Second part focuses on the fundamental components of natural justice namely, the rule against bias, fair hearing and reasoned decisions. Thereafter, the third segment includes a brief discussion on the principles of natural justice in the Indian Constitution, followed by exclusion of natural justice and concluding remarks. To make content more comprehensible to the readers wherever required illustrations are used, read them carefully.

Keywords: Natural Justice, Bias, Hearing, Notice

Suggested Citation

Huchhanavar, Shivaraj, Introduction to Natural Justice (September 8, 2018). Available at SSRN: https://ssrn.com/abstract=3246245 or http://dx.doi.org/10.2139/ssrn.3246245

Shivaraj Huchhanavar (Contact Author)

Durham University, Law School ( email )

50 North Bailey
Palatine Centre
Durham, County Durham
United Kingdom

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