Principles of natural justice

 Principles of Natural Justice

Introduction

The principles of  Natural Justice is a very ancient concept that has been in use for ages. This principle is the Principle of Fairness but it doesn't restrict its scope only within Fairness but it has different colours and shades which vary from the context. The principle of Natural Justice is derived from the word 'Jus Natural' of the Roman Law and it is related to common law and moral principles but this principle is not codified. This Law is considered as the law of the nature. And this is recognized right from the beginning. Every citizens of civilised state are adhered to the principles of Natural Justice. Simply mean, Natural Justice is too make a sensible and reasonable decision making method on a specific issue. Basically, Natural Justice consist of 3 rules they are; The first one is "Hearing Rule" which state that the aggrieved party or person should be given a fair opportunity to express his views to defend himself, secondly, "Bias Rule" it means that the panel who is delivering the judgement 

should be free and Fair and Thirdly, Reasoned Decision, it states that the decision or judgement  made by the court should be reasonable in ground and valid. 

Origin

This concept is very old and is originated at an early age. This principle is very familiar to Greek and roman people. Even in the days of Kautilya and Adam the concept of Natural Justice were acknowledged. In the case of Adam and Eve, God give a fair chance to defend themselves before giving the sentence. Later the principle was accepted by the English Jurist." Natural Justice is a sense of what is wrong and what is right. In India this concept was introduced long way back ,in a case of Mohinder Singh Gill vs. Cheif Election Commissioner, the held that the concept of fairness should be in every action whether it is judicial, quasi-judicial, administrative and or quasi-administrative work.

Purpose of the principle

1. To provide Fair hearing 

2. The concept of Fairness

3. To fill the Lacunae of the law

4. To safeguard the Fundamental Rights

5. Basic feature of the constitution

6. No miscarriage of justice

The main aim of Natural Justice is to provide fairness in judgement, should be free from bias and parties should be given fair opportunities to be heard. A committee called 'Ministers Power' had given three essential procedure related to the principles of Natural Justice.

1. No one should be a judge in his own matter

2. No one can be condemned unheard.

3. The party is entitled to know each and every reason and the decision taken by the authority.

Conclusion

The principle of Natural Justice is a concept that derived from the Nature to protect and safeguard the rights of people. And this principle have been adopted by the judiciary to protect public rights against the arbitrary decision by the administrative authority. A decision that is against the natural Justice is null and void, hence one must carry in mind that the principle of natural justice are essential for any administrative settlement to be held valid.