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.
Source: Excerpt taken from blog.ipleaders.in (Dated - 12th June, 2019)
Nemo Judex in causa sua or the principle that ‗No one can be a judge in his own case, relates to which of the following rule of the Natural Justice?
Correct Answer :
Bias rule
Solution :
The correct option is Bias rule.
Step-by-Step Explanation:
1. Understanding the Principles of Natural Justice:
As described in the passage, natural justice fundamentally ensures fairness, reasonableness, and equity in administrative and judicial decision-making processes. It consists of three primary rules:
• Hearing Rule (Audi Alteram Partem): Gives the affected party a fair opportunity to be heard and defend themselves.
• Bias Rule (Nemo Judex In Causa Sua): Ensures that the authority or panel making the decision is impartial and free from any personal, pecuniary, or subject-matter bias.
• Reasoned Decision (Speaking Orders): Requires that decisions or judgments be backed by valid, logical, and reasonable grounds.
2. Analyzing the Legal Maxim:
The Latin maxim "Nemo Judex in causa sua" translates directly to "No one should be a judge in his own cause/case." This legal maxim ensures that decision-makers remain unbiased, objective, and neutral. If a person acts as a judge in a case where they have a personal interest or connection, there is a clear conflict of interest, leading to bias.
3. Conclusion:
Therefore, the principle of Nemo Judex in causa sua directly relates to the Bias rule.
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