Principle of Natural Justice
Principle of Natural Justice
1) Introduction
The concept of natural justice though not provided in
Indian constitution but it is considered as necessary
element for the administration of justice. Natural
justice is a concept of common law which has its
origin in “jus natural” which means law of nature. In
its layman language natural justice means natural
sense of what is right or wrong. ‘Natural’ justice is not
justice found in nature; it is a compendium of
concepts which must be naturally associated with
justice, whether these concepts are incorporated in
law or not. Justice is a great civilizing force. It ensures
that the rule of law rather than the rules of nature
prevail in regulating human conduct. Natural justice
has a very wide application in administrative
discretion. Its aims to prevent arbitrariness and
injustice towards the citizens with an act of
administrative authorities. The concept of natural
justice was confined to the judicial proceedings only
but with the advent of welfare state the powers of
administrative authorities have considerably
increased as a result it becomes impossible for law to
determine the fair procedure to be followed by each
authority while adjudicating any disputes or any
quasi-judicial proceedings.
4) Conclusion
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. It is supreme to note that any decision or
order which violates the natural justice will be
declared as null and void in nature, hence one must
carry in mind that the principles of natural justice are
essential for any administrative settlement to be held
valid.