principles of natural justice
DESCRIPTION
Principles of natural justice PNJ were derived from the Romans who believed that some legal principles were “natural” or self evident and did not require a statutory basis. PNJ is embedded in Article 311 of the Constitution of India.TRANSCRIPT
Principles of Natural Justice
Prepared By
Manu Melwin Joy
Assistant ProfessorIlahia School of Management Studies
Kerala, India.
Phone – 9744551114Mail – [email protected]
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Introduction
• PNJ were derived from theRomans who believed thatsome legal principles were“natural” or self evidentand did not require astatutory basis.
• PNJ is embedded in Article311 of the Constitution ofIndia.
Principles of Natural Justice
1. Rule against Bias
2. Rules for the fair
hearing.
3. Reasoned decision.
Rule against Bias
This means that the
administrative authority,
who exercises quasi judicial
function should be impartial.
He should be free from bias.
Rule against Bias
• The administrative authority,exercising, quasi judicial function,is said to be biased if
– He has pecuniary interest in thesubject matter of the dispute.(Pecuniary bias)
– He is a relative or a friend or enemyof disputing parties. (Personal bias)
– He has general interest in thesubject matter. (Official bias).
Rule against Bias
• Rules against bias are based onthree maxims.
– No man shall be a judge in hisown cause.
– Justice should not only be donebut manifestly and undoubtedlyseem to be done.
– Judges should be abovesuspicion.
Rules for the fair hearing
The second importantcondition of natural justiceis that the person whom anaction is proposed to betaken, should be given areasonable opportunity todefend himself. Beforepassing an order againstany person, he must beheard.
Rules for the fair hearing
For a fair hearing, the
following two are
necessary
–Notice.
–Opportunity of hearing.
Reasoned Decision (Speaking Order)
Speaking order means on
order which contains
reasons for the decision.
The administrative
authority exercising quasi
judicial function should
give reasoned decision.
Reasoned Decision (Speaking Order)
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 safe guards
against possible injustice and
arbitrary exercise of powers by
quasi judicial authority.
• Principles of natural justice.