Natural Justice: Definition and Meaning

The idea of Natural Justice is as old as human existence. The underlying principles behind the theory of Natural Justice is to ensure fairness and equality in all sorts of human affairs, especially those matters which result in affecting the life, liberty and rights of individuals. Further, there are two certain basic principles of Natural Principles which have been in existence for a long period of time.

However, with the advancement of jurisprudence, certain other essential principles have also been inserted into the main theory.

What is the meaning of Natural Justice?

The doctrine of Natural Justice is based on the basic human values of fairness, equality, and reasonableness. These values ensure equilibrium in society and are therefore expected to be complied with in those circumstances, wherever and whenever necessary.

The theory and rules of Natural Justice are not codified as the concept evolved into a common law practice and consequently the concept is not even capable of a precise definition. Although it is primarily a rule of procedure and basically implies that in all those proceedings that have the potential to result in a civil consequence, the principles of natural justice must be followed to ensure the rule of law in the nation and to safeguard the essential liberties of individuals.

Further, it is a well settled presumption that principles of Natural Justice must be made applicable in all judicial and quasi-judicial proceedings to prevent the arbitrary exercise of powers by the state or its functionaries. Additionally, it has been noted in various judicial pronouncements and enactments across the nations that the prime objective of the rules of Natural Justice is to prevent miscarriages of justice more than to secure justice.

Principles of Natural Justice

The following are the principles underlying the principles of natural justice −

Right to Fair Hearing – Audi Alteram Partem

Right To a fair hearing is one of the two essential pillars of the entire jurisprudence of Natural Justice. The Latin phrase “Audi Alteram Partem” literally means “hear the other side”. Hence, it basically means that no one should be condemned unheard and both sides or parties should be given a fair and reasonable opportunity to present their defense against the allegations leveled against them.

Further, the Right to Fair Hearing includes −

• Rule of Notice − Notice marks the beginning of any proceedings thus a person is entitled to receive a notice of the hearing including all the details such as complaint, charges, allegations, evidence, list of witnesses etc. so that the person can prepare and defend himself to the best possible extent.

• Right to Presentation − It includes the right to be present in the hearing while presenting its own defense and evidence and also while the presentation of the same by the other party.

• Cross – Examination − This is a crucial entitlement of a person as it helps in establishing the truth and veracity of facts. Cross-examination of opposition is essential as in the absence, the evidence loses its relevancy and becomes inadmissible

Rules Against Bias – Nemo Judex In Causa Sua

The Rule against Bias is the second pillar of the theory Natural Justice. The Latin phrase “Nemo judex in causa sua” technically implies that “no one should be a judge in his own case”. It means that in any proceedings whenever a matter related to a person needs to be determined by a judge or judges then the concerned person irrespective of the fact whether he or she is the complainant, informant, victim, witness or accused; that person should not judge the matter.

The reason and rule underlying this strict mandate is that whenever such a situation arises, there is a possibility of bias. The bias basically causes a prejudice which is against all the ideas of fairness and equality. Further, impartiality of judge is a basic constituent of administration of justice.

Further, the bias can be of any sort including personal, pecuniary, subject-matter or departmental bias. Hence, it is necessary that all these kinds of possibilities must be prevented as that might cause miscarriage of justice despite the fact that the judge is a person of high moral values or principles.

Legal Representation

Every person is entitled to have a lawyer of their choice to defend them in every proceeding, otherwise, the entire proceedings would be void as presence of a legal person ensures that a fair and reasonable opportunity was given to the person and there was no prejudice caused.

Reasoned Order and Presiding Judge to Hear and Decide

A reasoned order by the presiding judge who heard the matter has emerged as crucial because it ensures that the person who heard both parties has decided the matter, thus, nothing would have been ignored. Likewise, a reasoned order provides that on what grounds a particular decision is arrived at so that if any person found something wrong, they can challenge it before a superior authority.

Conclusion

The principles of Natural Justice are compiled widely across different regions as they ensure fairness and accountability of proceedings whenever it affects anyone’s civil rights. Moreover, the principles have become more prominent in present times when numerous matters are resolved outside courtrooms where struct statutory compliances are hardly followed. Thus, administration of justice is ensured even in quasi-judicial or non-judicial institutions.

Frequently Asked Questions

Whether principles of natural justice are mandatory to be followed?

The principles of natural justice are necessary to be followed to ensure justice, equality and rule of law in all situations as non-compliances with these rules might cause violation of basic human rights or liberties.

What are the exceptional situations when compliance of the principles of Natural Justice can be dismissed?

In certain circumstances, including cases of emergency and confidentiality, due to impracticality, legislative mandates, statutory exceptions, or necessity, and for reasonable reasons, compliance with the principles of natural justice can be dropped.