A Study On Principle Of Natural Justice In India

Pintu Arjun Yadav, LLB, Shree L. R. Tiwari College of Law

ABSTRACT

Natural justice, often referred to as procedural fairness, is a foundational principle that seeks to ensure fairness, impartiality, and equity in administrative and judicial proceedings. The Indian Constitution, through its implicit and explicit provisions, underscores the significance of natural justice as an essential component of the rule of law.

The foundation of natural justice in India can be traced back to ancient legal traditions and has been reinforced by constitutional provisions and judicial interpretations. The Indian Constitution, through its fundamental rights and directive principles, guarantees the right to a fair and just procedure. The principles of natural justice are implicit in Articles 14 (right to equality), 21 (right to life and personal liberty), and 311 (safeguards as to civil services) among others.

The impact of natural justice extends beyond administrative and quasi-judicial proceedings, reaching into the realm of alternative dispute resolution mechanisms and emerging technologies.

The two cardinal principles of natural justice - the audi alteram partem rule (hear the other side) and the nemo judex in causa sua rule (no one should be a judge in his own cause). Through an analysis of landmark judicial decisions, it elucidates the evolving jurisprudence surrounding these principles and their pivotal role in ensuring fair and impartial adjudication.