Optimize IAS
  • Home
  • About Us
  • Free Initiatives
    • Daily Practice Sheets
    • Daily Prelims Notes
    • Prelims Power Play
    • Mains Factly
    • Sunday Essay Sadhna
  • Courses
    • Mains Master Notes
    • Prelims Test Series
      • Laqshya 2024
    • Integrated Guidance 2024
      • ARJUNA PRIME 2024
    • Daily Answer Writing
  • Downloads
    • Important Topics List for Prelims 2023
    • Daily Prelims Notes Compilation
    • Daily Practice Sheet Compilation
    • PPP Compilation
    • PSIR Notes
    • General Studies Notes
    • UPSC Mains Previous Year Papers
  • Portal Login
  • Home
  • About Us
  • Free Initiatives
    • Daily Practice Sheets
    • Daily Prelims Notes
    • Prelims Power Play
    • Mains Factly
    • Sunday Essay Sadhna
  • Courses
    • Mains Master Notes
    • Prelims Test Series
      • Laqshya 2024
    • Integrated Guidance 2024
      • ARJUNA PRIME 2024
    • Daily Answer Writing
  • Downloads
    • Important Topics List for Prelims 2023
    • Daily Prelims Notes Compilation
    • Daily Practice Sheet Compilation
    • PPP Compilation
    • PSIR Notes
    • General Studies Notes
    • UPSC Mains Previous Year Papers
  • Portal Login

Principle of natural justice

  • April 25, 2022
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
No Comments
Print Friendly, PDF & Email

 

 

Principle of natural justice

Subject :Polity

Section : Constitution

Context:   Jahangirpuri incident violates principle of natural justice

Concept:

Natural justice is the essence of fair adjudication, deeply rooted in tradition and conscience, to be ranked as fundamental. The purpose of following the principles of natural justice is the prevention of miscarriage of justice. Natural Justice recognizes three principles:

  • Nemo debetessc judex in propria causa.
  • Audi alterem partem
  • Speaking orders or reasoned decisions.

 The first two have come to us from the Roman Law and the third one is a recent Innovation due to the rapid development of the constitutional as well as administrative law.

Nemo debet essc judex in propria causa.

The first principle of impartiality roughly translated into English means nobody shall be a judge in his own cause or in a cause in which he is interested. This principle is more popularly known as the Doctrine of Bias. That is the authority sitting in judgment should be impartial and act without bias. To instill confidence in the system, justice should not merely be done but seen to be done.

Audi alterem partem

The second principle of natural justice literally means ―to hear the other side‖. This is necessary for providing a fair hearing and no doubt the rule against bias would also be a part of the procedure. A corollary has been deduced from the above two rules and particularly the audi alteram partem rule, namely qui aliquidstatueritparteinaudita alteram actquam licet dixerit, haud acquum facerit‘ that is, he who shall decide anything without the other side having been heard, although he may have said what is right, will not have been what is right‘ or in other words, as it is now expressed, justice should not only be done but should manifestly be seen to be done‘.

Speaking orders or reasoned decisions.

The third aspect of natural justice requires speaking orders or reasoned decisions. It is now universally recognized that giving reasons for a certain decision is one of the fundamentals of good administration and a safeguard against arbitrariness. The refusal to give reasons may excite the suspicion that there are probably no good reasons to support the decision. Hence reasons are useful as they may reveal an error of law, the grounds for an appeal or simply remove what might otherwise be a lingering sense of injustice on the part of the unsuccessful party. When the order to be passed is an appealable order, the requirement of giving reasons would be a real requirement. Thus, reasons are also required to be given when the appellate or revisionary authority affirms the order of the lower authority.

Polity Principle of natural justice
Print Friendly, PDF & Email

Recent Posts

  • Daily Practice Sheet 2 October 2023 October 2, 2023
  • What is driving India’s students to suicide? How can it be prevented? October 2, 2023
  • Discuss the relevance of Gandhian Ethics. October 2, 2023
  • What is evergreen of patent? Is it allowed in Indian patent law? Discuss in context of recent issue of Bedaquiline October 2, 2023
  • Green Revolution hurtled India into an environmental crisis. Discuss October 2, 2023
  • The recent data from the Reserve Bank of India show that the net financial savings rate of households has slumped. Discuss implications October 2, 2023
  • Discuss the need to move away from women’s development to women led development. October 2, 2023
  • In what way did Mahatma Gandhi transform the nature of Indian freedom struggle? Discuss October 2, 2023
  • Discuss the contribution of Mahatma Gandhi to India’s freedom struggle movement focusing upon his novel strategies and values October 2, 2023
  • Oil firms raise ATF and commercial LPG prices October 2, 2023

About

If IAS is your destination, begin your journey with Optimize IAS.

Hi There, I am Santosh I have the unique distinction of clearing all 6 UPSC CSE Prelims with huge margins.

I mastered the art of clearing UPSC CSE Prelims and in the process devised an unbeatable strategy to ace Prelims which many students struggle to do.

Free Initiatives

  • Daily Practice Sheets
  • Daily Prelims Notes
  • Mains Factly
  • Prelims Power Play
  • Sunday Essay Sadhna

My Proven Strategy

  • Interview Strategy
  • Mains Strategy
  • Motivational
  • Prelims Strategy

Contact us

moc.saiezimitpo@tcatnoc

For More Details

Work with Us

Connect With Me

Santosh Pandey Quora Santosh Sir Telegram Santosh Sir Youtube Optimize IAS Instagram

Course Portal
Search