The Rule Of Natural Justice

 

Anil K Bansal describes the rules of natural justice as a hedge serving against blatant discrimination of the rights of individuals.

The words ‘natural justice’ are derived from the Roman word ‘Jus Naturale’, which means principles of natural law, justice, equity, and good conscience. These principles did not originate from any divine power, but are the outcome of the necessity of judicial thinking, as well as the necessity to evolve the norms of fair play.

These are the principles which every disciplinary authority should follow while taking any decision, which may adversely affect the rights of individuals. It is to be seen that rules of natural justice are not codified anywhere; they are procedural in nature and their aim is to ensure delivery of justice to the parties.

Adherence to rules of natural justice, as recognised by all civilised States, is of supreme importance, when a quasi-judicial body embarks on determining disputes between the parties or any administrative or disciplinary action is in question. Rules of natural justice serve as hedge against any blatant discrimination against rights of individuals. These rules are intended to prevent such authority from doing injustice. They seem to be recognised by Article 21 of the Constitution of India in a way which says, “No person shall be deprived of his life or personal liberty except according to the procedure established by law". This is that procedure which is held by the courts to be the rules of natural justice.

With the evolution of society, as well as legal jurisprudence, the concept of natural justice has also undergone change. Rules of natural justice are not rules embodied in any statute. These rules were part of the law and procedure during the British Raj also, and are being observed in India since time immemorial. These rules have become a part and parcel of the law, as well as procedure. These may be implied from the nature of the duty to be performed under a statute. What particular rule of natural justice should be applied depends on the facts and circumstances of each case. With the passage of time, the old distinction between a judicial act and an administrative act has withered away. Orders of the disciplinary authority, which involve civil consequence, must be consistent with the rules of natural justice, otherwise the orders are likely to be set aside by the courts.