” Principle of Natural Justice is
derived from the word ‘Jus Natural’ of Roman law
and it is closely related to Common law and moral principles but is not
codified. Natural justice apart from fairness also implies reasonableness,
equity, and equality. Natural justice justifies its force from human nature.
Natural justice is the principle that every disciplinary authority should
follow while taking a decision, which may adversely affect the rights of individuals.
Origin of
Natural justice
The Greeks
had accepted the principle that ‘no man should be condemned unheard. It was
first applied in ‘The Garden of Eden’ where the opportunity to be heard was given to
Adam and then provided him punishment.
•
Some
of the pieces of evidence of natural justice is also found in Roman law.
Meaning and definition
of Natural Justice
Natural
justice is a sense of what is right and what is wrong.
•
It
is a doctrine that protects against the arbitrary exercise of power by ensuring fair
play while making a decision.
•
The
principle of Natural Justice has been decorated by many words ie; Eternal law ,
Universal law, common law, an unwritten law of reason, or natural law.
Hence, the
principle of natural justice can best be understood as the great humanistic
principle where fair and impartial justice is expected to be achieved
Lord Parker
has defined Natural justice as the duty to act fairly.
Mr. Justice
Bhagawati has taken natural justice as ‘fair play in action.
Purpose
of Natural justice
The purpose of the principle of natural justice is
to be free from bias and parties should be given a fair opportunity to be heard
and all the reasons and decisions taken by the court should be informed by the
court to the respective parties. The primary purpose of natural justice is to
prevent the act of miscarriage of justice.
Principle
Of Natural Justice
A) Audi alteram partem (Hear the other party)
•
Latin for, hear the other side or no one
shall be condemned unheard. This is an important rule of natural justice and
its pure form is not to penalize anyone without valid and reasonable grounds.
•
Prior
notice should be given to a person so he can prepare to know what all charges
are framed against him.
•
It is also known as a rule of fair
hearing. The components of fair hearing are not fixed or rigid in nature.
It varies from case to case and authority to authority.
This
principle can be divided into the following ways;
•
Right
to notice.
•
No
evidence should be taken at the back of the other parties
•
Rule
against dictation
•
Right
to present case and evidence.
b. Nemo
judex in causa sua;
Latin for, no man should be a judge in his own case. This principle includes
the basic concept of impartiality or bias. Bias means an act that leads
to unfair activity whether in a conscious or unconscious stage in relation to
the party or a particular case. Therefore, the necessity of this rule is
to make the judge impartial and give judgment on the basis of evidence
recorded as per the case. Justice must not only be done but manifestly and
indubitably be seen to be done.
Forms of
bias can be divided into the following ways;
•
Personal
bias
•
Pecuniary
bias
•
Subject
matter bias
•
Departmental
bias
•
Pre-conceived
notion bias
Relevant
Nepalese case law;
1)
Rishikesh Shah v. the Chief Zonal Commissioner, 2027: –
The Supreme
Court stressed that the petitioner holds the right to know the grounds of
detention as it was inherent under the equality clause of the constitution and
a part of the natural justice.
2)
Yagya murti Banjde Vs Bagmati special court and others .
• In this case, the supreme court held that no one can be judged on his/her own issue and the government cannot be a judge in its own case.
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