Principles of Natural Justice (Fair Hearing)

PRINCIPLES OF NATURAL
JUSTICE
(Fair Hearing)
Administrative authorities or
tribunals which are not courts of
justice but which act in quasi-
judicial capacity, i.e., render
decisions which has an
adjudicative nature, are required
to observe the rules of ‘natural
justice’ – i.e., to act with fairness
and in a just and equitable
manner.
TRIBUNALS
Tribunals are administrative bodies set up solely with
the idea of discharging quasi-judicial functions.
Example: Industrial Tribunal, Income-Tax Appellate
Tribunal, Employees State insurance court,
Commission of Inquiry, Railway Rates Tribunal,
Compensation Tribunal (property acquisition),
copyright board, etc.
Principles of natural justice are
primarily concerned with
procedures rather than
outcome.
VIOLATION OF NATURAL JUSTICE
Leads to ‘judicial review’, i.e.,
assessment by a judge or judges
of a superior court of the
legality or correctness of an
inferior tribunal or
administrative authority’s
action.
Action lies to the High
Courts in India under
Art.226 of the Constitution
of India in the form of WRIT
PETITION.
THE THREE CARDINAL RULES OF
NATURAL JUSTICE
Rules against bias
Hear the other side
Reasoned decision or speaking
order
RULES
The AGAINST BIAS
administrative authority
who exercises quasi-judicial
function should be impartial.
He should be free from bias.
Such an administrative authority
is disqualified from deciding the
dispute if he suffers from a bias
falling in one of the following
three kinds:
 Pecuniary Bias – He has
pecuniary interest in the subject
matter of the dispute.
 Personal Bias – He is a
relative or a friend or enemy of
the disputing parties.
 Bias as to subject-matter or
policy bias – He has general
interest in the subject matter.
EXAMPLE – PECUNIARY BIAS
Where a permit is granted by a
regional transport authority to
one of its members, the court
can cancel it on account of bias
of the authority. (Annamali v.
Madras, AIR 1957 A.P 739)
EXAMPLE – PERSONAL BIAS
A crude form of bias is when
the manager of a factory
himself conducts an inquiry
against the workmen who
are alleged to have assaulted
him. (Meenglas Tea Estate v.
Workmen, AIR 1963 SC 1719)
EXAMPLE - BIAS AS TO
SUBJECT-MATTER OR POLICY BIAS
A mere general interest in the subject-matter would
not disqualify the judge. Thus, a magistrate who
subscribed to the society for the prevention of
cruelty to animals was not thereby disqualified from
trying a charge brought by that body of cruelty to a
horse.
RULES OF BIAS – BASED ON THREE
MAXIMS
JUDEX IN RE SUA (Nemo

debt esse judex in propria
sua causa) – A man should not
be a judge in his own cause.
The maxim expresses one of
the most fundamental
principles of judicial procedure
that the judge should be
impartial.
A judge cannot be impartial if he has interest in the
subject matter.
A judge cannot be both a party to a cause and a judge
in the same cause.
JUSTICE SHOULD NOT
ONLY BE DONE BUT SEEM
TO BE DONE – This inspires
confidence in the parties to the
dispute and make them feel
that the judge has acted fairly
and impartially.
Even if the judgment is correct
on law and facts, it will fail to
serve the ends of justice if an
impression is created in the
mind of the people that the
judgment has been influenced
by anger, passion or other
mental infirmities.
An atmosphere which inspires confidence, fairness
and impartiality is to be created.
JUDGE SHOULD BE ABOVE
SUSPICION – Judge should
decide the dispute according to
his own judgment and should
not be influenced or dictated by
others. Otherwise, he will not be
trusted and looked upon with
suspicion even if the judgment
is correct in law and facts.
HEAR THE OTHER SIDE
(AUDI
 ALTERAM PARTEM)
A person against whom any
action is sought to be taken, or
whose right or interest is being
affected should be given a
reasonable opportunity to defend
himself. Before passing an order
against any person, he must be
heard.
TWO STEPS – FAIR HEARING TO
THE OTHER SIDE
 Notice – Before any action is
taken on a dispute, the
affected party must be given a
notice to show cause against
the proposed action and his
explanation must be sought.
Notice should be clear and
unambiguous.
Notice should show in clear
terms proposed allegation or
charge.
Notice should mention time,
place and nature of hearing
proposed to be held.
Notice should give a
reasonable time to show cause
against the proposed action.
• Opportunity of hearing – The
person on whom the action is
proposed to be taken , must be
given an opportunity of being
heard before any adverse action
is taken against him.
ESTABLISHED PRINCIPLES OF
OPPORTUNITY OF HEARING
 Affected person can produce

all relevant evidence in
support of his case.
 Adjudicating authority must
disclose all evidence or
materials placed before it in
the course of the
proceedings.
 Parties are given
opportunity to explain or
rebut the evidence produced
by each before any material
or evidence is used against a
party.
 No evidence is recorded in the
absence of the other party.
However, if evidence is recorded
in the absence of the other
party, it must be disclosed to the
other party and an opportunity
to rebut it must be given.
 No party can claim as a part
of natural justice to be
represented through a
counsel or advocate unless
the said right is conferred by
the statute.
If the principles of natural
justice are violated the
order is void.
REASONED DECISION (SPEAKING
ORDER)
Speaking order means an
order containing reasons for
the decision.
A party to the dispute has a
right to know the result of the
enquiry and the reason in
support of the decision.
The reasoned decision
safeguards against possible
injustice and arbitrary
exercise of power by quasi-
judicial authority.

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PRINCIPLES OF NATURAL

JUDEX IN RE SUA (Nemo

 Affected person can produce

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