The Principles of Natural Justice are a part of common law the main objective of these principles being imposed on judicial system is that to ensure that the justice is being delivered fairly and impartially let’s look into some factual problems which makes us understand the need of these principles.
The principles of natural justice are related with Articles 14 and 21 of the Constitution of India.
Article 14- Equality before law
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 21- Protection of Life and Personal Liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law.
The first principle of natural justice is-
1.Nemo judex incausa sua
No one can be judge in their own case
Factual example:
Ravi and Gaurav are best friends, both from well-settled backgrounds. Coming from influential families with a judiciary background, they enjoyed a luxurious life. One day, after consuming a high amount of alcohol, they accidentally killed a passerby while driving their car. When questioned, both blamed the other for driving the car at the time of the incident.
The case was brought before the judge, who happened to be Ravi’s father. After reviewing the evidence and conducting examinations, Ravi’s father concluded that Gaurav was driving the car, reasoning that Ravi was a “good boy” who would not commit such an act.
This situation clearly illustrates a lack of justice. To ensure fair and unbiased decisions, it is essential to avoid situations where personal interests or biases influence judgment. This principle, commonly expressed as nemo judex in causa sua (no one can be a judge in their own case), protects individuals like Gaurav by granting them the right to question decisions made under such circumstances.
2.Audi Alteram Partem
(Listen to the other side )
Justice should be served only after hearing the sides of both parties
Factual example:
Krishna and Vasudha are siblings who are in a dispute over the distribution of their parents’ property. The matter was brought before the court. During the hearing, Vasudha was in the hospital and unable to present her case. Despite this, the judgment was delivered in favor of Krishna, without Vasudha’s side being heard or represented.
This scenario raises a serious question about justice. Can justice truly be delivered when one party is not given the opportunity to present their case? The answer is no. True justice requires that both parties be heard before any decision is made.
This principle is encapsulated in audi alteram partem, which means “hear the other side.” It ensures that no one is deprived of justice without having the chance to present their arguments and raise their voice. This fundamental principle of natural justice guarantees fairness and prevents decisions that are one-sided or biased.
3.Reasoned Decision:
Factual example:
Raghu is arrested for stealing 500 rupees from a lady . Raghu is from a financially backward family who is saying that he stole for food as in desperation of hunger . He is sentenced for life imprisonment .. is this reasonable
The principle of reasonable decision says that the decision given by the body should be reasonable to offense committed.
ARTICLE WRITTEN BY – Gaddam Sneha Deepthi
EDITOR – Nancy Sharma
