The Balance of Power: Examining the Principles of Natural Justice in India

The Principles of Natural Justice are important in order to have a fair trial and administer justice. This concept of natural justice has been in practice since recorded human history began. Principles of natural justice ensure that justice is done without bias and done fairly. It includes the rule against bias and right to fair hearing. This concept is based on two maxims : 1) Nemo in propria causia judex, esse debet: “No one should be made a judge in his own cause”. It is also popularly known as rule against bias; and 2) Audi Alterum Partem: “Hear the party” or “give a fair hearing”. There are certain exceptional circumstances where these principles are not followed. A few of them are exclusion in emergency, exclusion in matters which are purely administrative exclusion in case of legislative action etc. The breach of principles of natural justice makes a decision voidable but not void. Principles of natural justice are flexible and practical. The principles of natural justice come to the rescue of those persons who are not able to validate their claim on the base of any law and yet have to endure injustice and adverse consequences. Principles of natural justice do not apply where the procedural rules are openly or implicitly provided by law.