Natural Justice concept derived From UK (England), the whole concept is no one deprived of justice where it’s common man or Leaders etc. The justice is main purpose delivered to the seeker of justice without any bias, When there is no law, there’s natural law.
Case: Kihoto Hollohan v/s Sri Zaichully, 1990.
- Test whether a body is Tribunal or Act,
- There should be a suit of affirmative nature, where are party is in a favour and other is in a denial.
- The disputes involves should be on the decision of rights and obligations of the parties,
- The authority is called upon to deciding.
Practice & Procedure of Adjudication Natural Justice
- Audi Alterum both the parties should be heard
- →Rule against biased
Maxims:- Nemo in propria causa judex, esse debet, Meaning No one should be made a judge in his own cause or the rule against biased.
Two Types of Biasness
Personal Biasness: Personal Biasness arises from the certain relationships equation between the deciding authority.
And the parties which inclined him unfavourably or otherwise, on the side of one of the parties before him.
Case: Mineral Development Corporation Limited v/s State of Bihar, 1960 AIR. —->License for mining not for the land for the period of 99 years.
History of Natural Justice
| Audi Alterum Partem | Rule of Biasness |
- Case: meenglas Tea Estate v/s workmen, 1963.
- Case: Dk. Khanna vis union of India, 1973.
- AP SRTC V/s Satya Narayan Torensparts Private Limited, 1965.
- Case: SP Kapoor v/s State of Himanchal Pradesh, 1981.
Definitions of Natural Justice
According to Justice SM sikri—> Natural justice is rule of law and he considered it as part of Natural justice.
According to wade & Fareyth – Natural Justice is the natural sense of what is right and what is wrong?
Case: Vionett v/s Barrett, 1985—–>The Natural sense of what is right and what is wrong was envisaged under this case Law, by Lard Esher, further in the case of.
Case: Hopkins vis Smethwick Local Board of Health, 1890—->Queen’s bench, the Natural Justice was defined and correlated with fundamental Justice.
- According to
- Lord Parker – Natural Justice as Duty to act fairly,
- Justice Bhagwati- Natural Justice is as fair play in actions.
Scope of Natural Justice
Case: Union of India v/s PK Roy, 1968 AIR—-> External and scope of Natural Justice i.e. Doctrine–> Straight Jacket Formula.
Reasonable Suspicion of Bias
Tribunals are bound to follow the rules, There is no specific case for Natural Justice. But if any case instituted, then court will require a Reasonable suspicion of Bias, if any rights are infringing the Natural Justice or natural rights.
Case: Jeevan k Lohia v/s Durga Dutt Lohia, 1992, SC One of the arbitrator was terminated because he was not able to pronounce the judgement.
- But the court has to check that the delevering of judgement should be universal, and not according to the people’s mind.
Supreme Court observe that with regard to the Bias the test to be applied is not weather, infact biased has affected the judgement but weather a litigate put reasonably apparent that a bias attributable might have operated against him in the final decision.
Cases of reasonable suspicious bias administrative law
- Manik Lal v/s Dr. Premchand, AIR 1957.
- A.K. Kraipak v/s Union of India, 1969, Supreme Court.
- J. moha Patra & Company v/s state of Orrisa, 1984.
Some important cases of Natural Justice—> AK Gopalan v/s State of madras, 1950.
Justice Fazal Ali accepted of pronounced 4 essentials of the Concept of Natural Justice.
- Notice
- Opportunity to be heard
- An impartial Tribunal
- orderly Course of Justice.