Principle of Natural Justice is derived from the word "Jus 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.
On the basis of your understanding about Natural Justice in the passage above, state which of the following is true:
Correct Answer :
Principle of Natural Justice is incomplete without the compliance of any of its rules.
Solution :
Correct Answer: Principle of Natural Justice is incomplete without the compliance of any of its rules.
Explanation:
The passage explicitly states that natural justice consists of three fundamental rules:
1. The Hearing Rule (Audi Alteram Partem): The affected party must be given a fair opportunity to defend themselves and express their point of view.
2. The Bias Rule (Nemo Judex In Causa Sua): The panel or authority making the decision must be free from any bias to ensure fairness.
3. The Reasoned Decision Rule (Speaking Order): The decision or judgment rendered must be backed by valid, reasonable, and clear grounds.
Together, these three rules form the foundation of Natural Justice. None of these rules can act as a substitute for another, nor can any single rule be ignored. Therefore, the Principle of Natural Justice is incomplete if any of its constituent rules are not complied with.
Analysis of Options:
- Option 1: Incorrect. Adherence to all three rules is required; complying with only two is insufficient.
- Option 2: Incorrect. Compliance with the bias rule alone does not negate or reject the necessity of the hearing rule or the reasoned decision rule.
- Option 3: Correct. Natural Justice relies on the collective fulfillment of all three rules. Missing any one rule makes the process incomplete and unfair.
- Option 4: Incorrect. The Reasoned Decision rule serves a distinct purpose and is not a substitute for the Bias rule.
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