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Natural Justice Essay

2989 words - 12 pages

Principles of Natural Justice

Assignment Topic On Business Law Presented By Alexander T C , IInd Semester MBA Evening Batch 2010-2012

Assignment on Business Laws

- Principles of Natural Justice
Presented By Alexander T C MBA 2nd Semester IMK –UoK

1. Introduction :-

Why Application of Principles of Natural Justice in Managerial Decisions is important? Most Managerial decisions that affect individuals and organisations are made by primary decision makers i.e. front-line administrators and managers. Only a minority of these decisions are reviewed by internal review officers, ombudsmen, courts or tribunals. The quality of administrative justice experienced by the public depends ...view middle of the document...

“The Principles of Natural Justice are easy to proclaim, but their precise extent is far less easy to define” . No precise definition is possible for Natural Justice. The word ‘Natural Justice’ is derived from the Roman word ‘Jus Naturale’, which means principles of natural law, justice, equity, and good conscience. Natural Justice is not something derived from Laws of nature. Laws of nature promote the survival rather than justice. Therefore, ‘natural’ justice is not justice found in nature; it is a compendium (collection) of concepts which must be naturally associated with justice, whether these concepts are incorporated in law or not. Natural Justice is also known as substantial justice, fundamental justice, universal justice or fair play in action. Rules of natural justice are the minimum standards of fair decision-making imposed on persons or bodies acting in a judicial capacity. Rules of natural justice are not rules embodied in any statute

3. Features:
 An important concept in administrative law.  Fundamental rules of justice, breach of which will prevent justice being seen done.

2

Assignment on Business Laws

- Principles of Natural Justice
Presented By Alexander T C MBA 2nd Semester IMK –UoK

 It’s a great humanising principle intended to invest law with fairness, to secure justice and prevent miscarriage of justice.  Implied mandatory requirement, non observance of which invalidates the exercise of power.  It will always apply , however silent a statue may be

4. Doctrine of Natural Justice – Is it Mandatory?
In strict sense where there is a valid law, principles of natural justice is not applicable. These rules can operate only in areas not covered by any law validly made, in other words, Rules of Natural Laws do not supplant law, but supplement it. (A.K. Kraipak Vs. Union of India
(AIR 1970 SC 150))

Rules of Natural Justice are procedural in nature and are applied where an authority takes a decision which involves civil rights of individual(s). Earlier the rules of Natural Justice were binding only to judicial and quasi judicial bodies (Kishan Chand V. Commissioner of Police - 1961 3SCR-165) but later on SC of India held that even an administrative order which involves civil consequences must be made consistently with rules of natural justice. In Maneka Gandhi V Union of India (A I R 1978) SC held that the Rules of Natural Justice are applicable to judicial, Quasi Judicial and Administrative authorities. Rules of natural justice are flexible in nature and can change with the exigencies of time, and circumstances of each case. The rules of fairness or natural justice were not rigid but depended on their context. The extent of application of rules of Natural justice can not have a rigid formula and will depend on the 1. 2. 3. 4. Nature of Jurisdiction conferred on the administrative authority Character of the rights of the person s affected Scheme and Policy of the Statue applicable. Other relevant...

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