Simple Meaning and Definition of Natural Justice

 

” 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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