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1. Principles of Natural Justice
by: KAH

2. What is Natural Justice?
• Natural Justice is very often confused with
or commonly mistaken to be Equity or Natural
Laws to some Layman.
• However, Natural Justice is not Equity.

3. • The doctrine of natural justice is founded in the
notion that for a determination of a just and fair
trial, certain processes in adjudication would be
required.
• According to just and fair values, certain basic
legal principles are required by nature, or are so
obvious that they should be applied universally
without needing to be enacted into law by
legislation.

4. • Principle of Natural Justice
were derived from the
Romans who believed that
some legal principles were
“natural” or self evident
and did not require a
statutory basis.

5. • Natural justice operates on the principles that
man is basically good, that a person of good
intent should not be harmed, and one should
treat others as one would like to be treated.
• In a nutshell, natural justice is about the concept
of fairness when matters in dispute are referred
to arbitration or the courts for redress :
• i.e. justice should be done and be seen to be
done.

6. It is more concerned with the procedures that govern the
adjudication of disputes between persons or organizations,
chief among which are :-
1. that the adjudication should be unbiased and conducted in
good faith, and
2. that each party should have equal access to the tribunal and
should be aware of arguments and documents adduced by the
other.
The purpose behind natural justice is to ensure that the decision-
making is made under a fair and unbiased environment

7. Principles of Natural Justice
1. Rule against Bias
2. Rules for the fair
hearing.
3. Reasoned decision.

8. Rule against Bias
This means that the
administrative authority,
who exercises quasi judicial
function should be impartial.
He should be free from bias.

9. Rule against Bias
• The administrative authority,
exercising, quasi judicial function, is
said to be biased if
– He has pecuniary interest in the
subject matter of the dispute.
(Pecuniary bias)
– He is a relative or a friend or enemy of
disputing parties. (Personal bias)
– He has general interest in the subject
matter. (Official bias).

10. Rule against Bias
• Rules against bias are based on
three maxims.
-No man shall be a judge in his own
cause. (Nemo debet esse judex in
propria causa);
-"Not only must Justice be done; it
must also be seen to be done.“
-Judges should be above suspicion.

11. Rules for the fair hearing
The second important
condition of natural justice
is that the person whom an
action is proposed to be
taken, should be given a
reasonable opportunity to
defend himself. Before
passing an order against
any person, he must be
heard.

12. Rules for the fair hearing
For a fair hearing, the
following two are necessary
–Notice.
–Opportunity of hearing.

13. Reasoned Decision (Speaking Order)
Speaking order means on
order which contains
reasons for the decision.
The administrative
authority exercising quasi
judicial function should
give reasoned decision.

14. Reasoned Decision (Speaking Order)
A party to the dispute has a
right to know the result of the
enquiry and the reason in
support of the decision. The
reasoned decision safe guards
against possible injustice and
arbitrary exercise of powers by
quasi judicial authority.

15. Principles of Natural Justice in the
Constitution of Bangladesh
In Bangladesh the enforcement principles of natural justice are
ensured by several provisions of our constitution. Article 27 of the
Constitution of Bangladesh states 'all citizens are equal before law
and are entitled to equal protection of law'. The Apex Court of our
country has held that to treat a person in violation of the principles
of natural justice would amount to arbitrariness and discriminatory
treatment in violation of the right guaranteed by Article 27 of the
constitution.
In the case of Abdul Latif Mirza Vs. Bangladesh 31 DLR (AD) 33, the
Supreme Court of Bangladesh held that the principles of natural
justice are inherent in every society aspiring for a civilised living. It
further observes that according to the third paragraph of the
Preamble of the Constitution, the fundamental aim of the State is a
society in which the rule of law, the fundamental human rights and
freedom, equality and justice, political, economic and social shall be
secured.

16. Cases on- A Man Cannot Be Condemned Unheard (Audi Alteram Partem)
•
• 40 DLR (AD) 170; 48 DLR (AD) 20: The basic principle of fair procedure is that before taking any action
against a man the authority should give him notice of the case and afford him fair opportunity to answer
the case against him and to put his own case
•
• 40 DLR (AD) 170: Notice is considered to be the minimum obligatory condition.
•
• 17DLR (SC) 209; AIR 1978 SC 597: Where a statute requires notice to be given before taking action, service
of notice to the party concerned is mandatory and failure to comply with the requirement renders the
action ultra vires. Even when a statute is silent, notice has to be given if any person is sought to be
affected in his right, interest, property or character.
•
• 31DLR (AD) 272: Its essential feature is no person should be deprived of his right without a hearing before
an independent authority – Its purpose is to prevent miscarriage of justice.
•
• 49 DLR 108: When the statute requires service of notice the authority cannot absolve itself of his duty.