Doctrine of natural justice
The doctrine of natural justice in India refers to the principles of fairness and justice that are inherent in the legal system, and that are applied by the courts in the administration of justice. The doctrine of natural justice is based on the principle that every person is entitled to a fair and impartial hearing before a decision is made that affects their rights or interests.
The doctrine of natural justice is not explicitly mentioned in the Constitution of India, but it is recognized and applied by the courts as a fundamental principle of the rule of law. The doctrine of natural justice is based on the principles of fairness and reasonableness, and it requires that any decision-making process that affects the rights or interests of a person must be conducted in a fair and impartial manner.
The doctrine of natural justice is applied by the courts in India in cases where a person\’s rights or interests are at stake, and it requires that certain basic principles be followed. These principles include the right to a fair hearing, the right to be informed of the charges or allegations against a person, the right to be represented by counsel, and the right to be heard before a decision is made. The doctrine of natural justice is meant to ensure that any decision that affects a person\’s rights or interests is made in a fair and just manner.
The principles of the doctrine of natural justice in India are as follows:
- The doctrine is based on the principles of fairness and justice that are inherent in the legal system, and that are applied by the courts in the administration of justice.
- The doctrine is based on the principle that every person is entitled to a fair and impartial hearing before a decision is made that affects their rights or interests.
- The doctrine is based on the principles of fairness and reasonableness, and requires that any decision-making process that affects the rights or interests of a person must be conducted in a fair and impartial manner.
- The doctrine requires that certain basic principles be followed, including the right to a fair hearing, the right to be informed of the charges or allegations against a person, the right to be represented by counsel, and the right to be heard before a decision is made.
- The doctrine is meant to ensure that any decision that affects a person\’s rights or interests is made in a fair and just manner.
Landmark judgements
In the case of Anisminic v Foreign Compensation Commission, [1969] 2 AC 147, the House of Lords applied the doctrine of natural justice to hold that a decision-making body must act within its statutory powers, and that its decisions must be based on relevant considerations. This landmark judgement established the principle that a decision-making body must act within the limits of its authority, and that its decisions must be based on relevant and material considerations.
In the case of K.K. Mathew v O.P. Noorjahan, [1982] 1 SCC 85, the Supreme Court of India applied the doctrine of natural justice to hold that a judge must disclose any interest that he or she may have in a case, and must recuse himself or herself from hearing the case if there is a risk of bias. This landmark judgement established the principle that a judge must be impartial and must disclose any interest that may affect his or her ability to hear a case fairly.
In the case of Maneka Gandhi v Union of India, [1978] 2 SCC 248, the Supreme Court of India applied the doctrine of natural justice to hold that the principles of natural justice apply to administrative decision-making bodies, and that such bodies must follow fair procedures before making a decision that affects the rights or interests of a person.
In the case of Ajay Hasia v Khalid Mujib Sehravardi, [1981] 1 SCC 722, the Supreme Court of India applied the doctrine of natural justice to hold that a person must be given an opportunity to be heard before a decision is made that affects their rights or interests. This landmark judgement established the principle that the right to a fair hearing is a fundamental principle of natural justice.
