2. Introduction
• The Principles of Natural Justice have come out from the need
of man to protect himself from the excesses of organized
power.
• Natural Law is another name for common-sense justice. It is
used interchangeably with Divine Law, jus gentium and the
common law.
• The Principles of Natural Justice are considered the basic
Human Rights because they attempt to bring justice to the
parties naturally.
3. Basic Pillars
• Two core points in the concept of principles of natural
justice
1.) Nemo in propria causa judex, esse debet - No one should
be made a judge in his own case, or the rule against bias.
2.) Audi alteram partem - Hear the other party, or the rule of
fair hearing, or the rule that no one should be condemned
unheard.
• These two are the basic pillars of the Principles of Natural
Justice. No system of law can survive without these two
basic pillars.
4. An Overview
• Preamble of the constitution includes the words, ‘Justice
Social, Economic and political’ which is the base for
principles of Natural Justice.
• Apart from preamble we have the following articles which
are based on principles of natural justice
i. Article 14
ii. Article 21
iii. Article 22
iv. Article 32
v. Article 226
vi. Article 227
vii. Article 311
5. Article 14
• Article 14 manifests in the form of following propositions:
(i) A law conferring unguided and unrestricted power on an authority
is bad for being arbitrary and discriminatory.
(ii) Art. 14 illegalize discrimination in the actual exercise of any
discretionary power.
(iii) Art. 14 strikes at arbitrariness in administrative action and ensures
fairness and equality of treatment.
• It is believed that such a procedural safeguard may minimize the
chance of the Administrative authority passing an arbitrary order.
Thus, the Supreme Court has extracted from Art. 14 the principle that
natural justice is an integral part of administrative process.
• Case Study: Central Inland Water Transport Corporation Ltd v. Briojo
Nath
6. Article 21
• Article 21 lays down that no person shall be deprived of his life or
personal liberty except, according to ‘procedure established by
law’. The most important word under this Article is ‘procedure
established by law’ the question arises whether these words can be
read as rules of natural justice
• AK Gopalan Case: The Supreme Court ruled by majority that the
word ‘law’ in Art. 21 could not be read as rules of natural justice.
• Maneka Gandhi v. Union of India: Majority opinion of A.K.
Gopalan was discarded; The procedure “cannot be arbitrary, unfair
or unreasonable”. The concept of reasonableness must be
projected in the procedure contemplated by Art.21.
• Thus, the procedure in Art. 21 “must be right, just and fair” and
not arbitrary, fanciful or oppressive, otherwise, it would be no
procedure at all and the requirement of Art. 21 would not be
satisfied.
7. Article 22
• Art. 22: gives protection to arrested person against arrest and detention
in certain cases which within its ambit contains very valuable element
of natural justice,
• Article 22 (1) and (2) confers four following fundamental rights upon
a person who has been arrested:
i) Right to be informed, as soon as may be, of the grounds for such
arrest.
ii) Right to consult and to be defended by a legal practitioner of his
choice.
iii) Right to be produced before the nearest magistrate within twenty-
four hours of his arrest.
iv) Right not to be detained in custody beyond the period of twenty
four hours without the authority of the Magistrate.
8. Article 32 & 226
• Art 32 and 226 of the constitution provides for constitutional remedies
for violation of fundamental Rights and other legal rights respectively.
Remedies under Art 32 and 226 can be exercised by issuing
appropriate Writ, Direction and Orders.
• Writs are in the nature of Habeas Corpus, Mandamus, Prohibition,
Quo-warranto and Certiorari.
• Writ of Habeas Corpus is invoked to prevent unlawful detention and
Mandamus is invoked to compel public official to perform his legal
duties. Whereas Writ of Prohibition and Certiorari are used to prevent
Judicial and quasi-judicial bodies from acting without jurisdiction, in
excess of jurisdiction, or where error of law apparent on face of
record, violation of Fundamental Right and on the ground of violation
of Principles of Natural Justice.
• Case Study:
a. In U.P.Warehousing Coproration V. Vijay Narain
b. In Gullapalli Nageshwar Rao vs. APSRTC
9. Article 227
• Power of superintendence over all courts by the High Court
=> High Court may in exercise of its power of superintendence
issue direction, Order or writ in cases where it felt that there is
violation of principles of natural justice accordingly it is one of
the constitutional provisions framed in the spirit of principles of
natural justice.
10. Article 311
• Art 311 deals with Dismissal, removal, or reduction in rank of persons
employed in civil capacities under the Union or a State.
• Clause (1) of Art 311 declares that no person who is a member of civil service
of the Union or an all-India service of State or holds a civil post under Union
or a State shall be dismissed or removed by an authority subordinate to that by
which he was appointed and
• Clause (2) of Art.311 declares no such person as aforesaid shall be dismissed
or removed or reduced in rank except after an inquiry in which he has been
informed of the charges against him and given a reasonable opportunity of
being heard in respect of those charges. The word ‘reasonable opportunity of
being heard’ includes all the dimension of principles of natural justice,
accordingly no dismissal, removal, or reduction of rank of civil servant can be
made without giving reasonable opportunity of being heard.
• Case Study:
a. Punjab National Bank V. Kuna Bihar Mira
b. Kuldeep Singh V. Commissioner of Police
