Principles of Natural Justice

Principles of natural justice are basic fairness rules that control how a public authority must decide matters affecting a person. They are not a fixed code; their content varies with the statute, the nature of the power, the subject matter and the consequences of the decision. The three core ideas are: hear the other side, give reasons for the decision, and ensure that the decision-maker is free from bias.

Constitutional / legal basis

The Constitution of India does not expressly codify the principles of natural justice as a general chapter. In Indian constitutional law, courts have linked them with fairness under Article 14 and just, fair and reasonable procedure under Article 21, especially after Maneka Gandhi v. Union of India. A.K. Kraipak v. Union of India established that these principles can apply even to administrative action when it affects rights or has civil consequences. S.N. Mukherjee v. Union of India affirmed the general importance of recording reasons in quasi-judicial decisions, subject to statutory context.

Key points

• Audi alteram partem means ‘hear the other side’: before an adverse administrative or quasi-judicial decision, the affected person should ordinarily receive notice of the case, access to the material relied upon, and a reasonable opportunity to reply.
• The hearing requirement is flexible: it may be written or oral depending on the statute and circumstances, and cross-examination is required only where fairness in the particular proceeding demands it.
• Reasoned orders, or speaking orders, require the authority to disclose the grounds on which it reached its conclusion; this restrains arbitrariness and allows appellate authorities and constitutional courts to review legality.
• In quasi-judicial proceedings, recording reasons is generally treated as an important part of fair procedure, unless a valid law or the nature of the proceeding indicates otherwise.
• Nemo judex in causa sua means ‘no one should be a judge in his own cause’: a person with a pecuniary, personal, official or other legally relevant bias should not decide the matter.
• The test for bias is not confined to proved actual bias; courts also examine whether there is a reasonable likelihood or reasonable apprehension of bias in the decision-making process.
• Violation of natural justice usually makes the decision vulnerable to being set aside, but courts examine the governing statute, urgency, public interest, and whether the procedural defect caused real prejudice.

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