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)
Mr. A is a judge and he is also the landlord of Mr. B, who resides in an apartment owned by Mr. A. Due to non-payment of rent for 3 consecutive months, Mr. A served an eviction notice to Mr. B. Now, choose the most appropriate option amongst the following.
Correct Answer :
Mr. A issued such notice in his personal capacity as a landlord and not being a judge.
Solution :
Correct Answer: Mr. A issued such notice in his personal capacity as a landlord and not being a judge.
Step-by-Step Explanation:
1. Understanding the Legal Concept (Natural Justice & Personal Capacity):
The principles of Natural Justice apply primarily to judicial, quasi-judicial, and administrative decision-making bodies to ensure fairness, lack of bias, and a fair hearing. However, legal rights and actions in private contractual relationships (such as a landlord-tenant relationship) are exercised by individuals in their personal capacity under standard property laws, completely distinct from any official judicial office they may hold.
2. Analyzing the Scenario:
- Mr. A is a judge by profession.
- Mr. A is also the owner (landlord) of an apartment rented to Mr. B.
- When Mr. B fails to pay rent for 3 consecutive months, Mr. A serves an eviction notice.
- Serving a notice of eviction to a tenant for breach of a tenancy contract (non-payment of rent) is an action taken by a property owner in his private capacity as a landlord, not as an exercise of judicial power or a court order issued by a judge.
3. Evaluating the Options:
- Option 1: Incorrect, because holding the profession of a judge does not strip an individual of their personal rights as a property owner or landlord.
- Option 2: Incorrect, because issuing an eviction notice to one's tenant is a private action as a landlord, not a professional duty as a Judge.
- Option 3: Incorrect, because a preliminary eviction notice is simply a legal notice of dispute/demand issued by a private party, not a final judicial order requiring a formal court hearing before issuance.
- Option 4: Correct, because Mr. A acts strictly in his personal capacity as a landlord asserting his contractual rights under tenancy law.
Therefore, the most appropriate option is that Mr. A issued such notice in his personal capacity as a landlord and not being a judge.
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