Application of Principle of Natural Justice by Supreme Court of India

  • Prashant Singh
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  • Prashant Singh

    LL.M. Student at Amity Institute of Advanced Legal Studies, Amity University, Uttar Pradesh, India

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Although it is not defined, the term “principle of natural justice” is derived from the Latin phrase “jus natural,” and it is strongly related to moral and common law standards. It is a universal law that is unrelated to any laws or constitutions. The natural justice concept is held in the greatest regard by all citizens of civilised nations. When industrial regions were ruled by a tight and harsh legislation to hire and fire, the Apex Court of India issued its instruction as time passed and social, just and economic statutory protection for employees during the early days of fair practises. The concept of natural justice involves making a fair and unbiased decision regarding a specific matter. The method used and the individuals involved in arriving at a just conclusion can be just as important as the decision itself. This idea extends beyond the notion of “fairness” and can take on various forms depending on the situation. A welfare and police state has replaced the government. As a consequence, the administrative will has been carried out. The choice of conscience is permitted under administrative law, but it does so in line with justice-based principles rather than a single will. The executive is given discretion under this statute, and it also details how to exercise that authority. The idea of absolute authority prohibits arbitrary action. Administrative law seeks to restrict the use of discretion. Arbitrariness and injustice have a broad scope. The judge may intervene if the discretionary is being misused or utilised unduly. However, it can only get involved if a person considers that an administrative authority's activity has breached their rights.




International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 1882 - 1930


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