Principle of Natural Justice is derived from the word "us Natural‟ of the Roman law and it is closely related to Common law and moral principles but is not codified. It is a law of nature which is not derived from any statute or constitution. The principle of Natural Justice is adhered to by all the citizens of civilised State with Supreme importance. Natural justice simply means to make a sensible and reasonable decision making procedure on a particular issue. Sometimes, it doesn‘t matter what is the reasonable decision but in the end, what matters is the procedure and who all are engaged in taking the reasonable decision. It is not restricted within the concept of ‗fairness‘ it has different colours and shades which vary from the context. Basically, natural justice consists of 3 rules.
The first one is “Hearing rule” which states that the person or party who is affected by the decision made by the Panel of expert members should be given a fair opportunity to express his point of view to defend himself. Secondly, “Bias rule‖ generally expresses that Panel of expert should be free from bias while taking the decision. The decision should be given in a free and fair manner which can fulfil the rule of natural justice. And thirdly, “Reasoned Decision” which states that order, decision or judgement of the Court given by the Presiding authorities with a valid and reasonable ground. The principles of Natural Justice have been adopted and followed by the judiciary to protect public rights against the arbitrary decision by the administrative authority. One can easily see that the rule of natural justice include the concept of fairness: they stay alive and support to safeguard the fair dealing.
Source: Excerpt taken from blog.ipleaders.in (Dated - 12th June, 2019)
Which of the following is not in violation of the principles of Natural justice?
Correct Answer :
Non-renewal of a contract of employment of an employee after the period of contract is over.
Solution :
The correct option is: Non-renewal of a contract of employment of an employee after the period of contract is over.
Step-by-Step Explanation:
1. Understanding the Principles of Natural Justice:
According to the provided passage, the Principles of Natural Justice aim to ensure fairness, reasonableness, and equal opportunity in decision-making processes. The core rules of Natural Justice include:
- Hearing Rule (Audi Alteram Partem): A person affected by a decision must be given a fair opportunity to present their case and defend themselves.
- Bias Rule (Nemo Judex In Causa Sua): The deciding authority must be free from any personal, financial, or subject-matter bias.
- Reasoned Decision (Speaking Orders): Decisions or judgments must be based on valid, logical, and reasonable grounds.
2. Analyzing the Given Options:
- Option 1: Withholding of an increment of a public servant without giving him an opportunity to defend.
Withholding an increment is a disciplinary action that adversely affects an employee. Doing so without giving a fair hearing directly violates the Hearing Rule. Thus, this is a violation of Natural Justice.
- Option 2: Non-renewal of a contract of employment of an employee after the period of contract is over.
When a fixed-term employment contract naturally expires, the contractual relationship comes to an end automatically by the agreed terms. Non-renewal does not constitute a disciplinary punishment or an arbitrary deprivation of rights, so the employer is not legally bound to conduct a hearing before allowing a contract to lapse. Therefore, this action does not violate the principles of Natural Justice.
- Option 3: Initiating a departmental inquiry against a public servant, without giving him an opportunity to submit representation during such inquiry.
Conducting an inquiry and taking adverse action without allowing the employee to submit a defense/representation is a clear denial of a fair opportunity to be heard, violating the Hearing Rule. Thus, this is a violation of Natural Justice.
3. Conclusion:
Since the non-renewal of a fixed-term contract upon expiry happens by operation of agreed terms and does not violate any rules of fairness or hearing, it is the only option that is not in violation of the principles of Natural Justice.
Access expert-curated educational resources and study materials—completely free.
Create, conduct, and manage professional online assessments with Mindyard. Perfect for teachers and institutes.
Copyright © 2026 Mindyard. All Rights Reserved.