Application of Principles of Natural Justice to Administrative Actions

8 Pages Posted: 1 Jul 2020

See all articles by Pragya Rakshita

Pragya Rakshita

National University of Study and Research in Law, Ranchi

Date Written: June 8, 2020

Abstract

Administrative law is a developing branch of law, so it brings a number of grey areas with it. One of such grey areas is regarding the application of the principles of natural justice in matters of administrative proceedings. Whether the principles of natural justice will be applicable or not depends on what type of function is being performed by the administrative body. So, the first step is to identify the nature of that particular administrative function, which also does not have any definitive parameters. The extent of the applicability of the three major principles of natural justice, as elaborated upon in the beginning of this paper, depends on the classification of the administrative function. In this paper, the author has attempted to classify the various types of administrative functions and identify a set of parameters that can be used to differentiate between them. After this classification, the paper goes on to discuss the pros and cons of applying the principles of natural justice to administrative actions. After this analysis, the author concludes that the essence of the principles of natural justice must be applied to administrative actions, as the pros far outweigh the cons.

Keywords: administrative functions, natural justice, quasi-judicial, audi alteram partem, speaking order, unbiased judge

JEL Classification: K100

Suggested Citation

Rakshita, Pragya, Application of Principles of Natural Justice to Administrative Actions (June 8, 2020). Available at SSRN: https://ssrn.com/abstract=3622103

Pragya Rakshita (Contact Author)

National University of Study and Research in Law, Ranchi ( email )

AT- Nagri, Kanke-Pithoria Road
Kanke
Ranchi, 834006
India

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