1

Natural justice is a fundamental principle underlying the legal systems of many democratic nations, including India. It encompasses two key principles: nemo judex in causa sua (no one shall be a judge in their own cause) and audi alteram partem (hear the other side). These principles aim to ensure fairness, transparency, and accountability in the decision-making process, especially in quasi-judicial and administrative proceedings.

In India, natural justice is embedded in Articles 14 and 21 of the Constitution, which guarantee equality before the law and the right to life and personal liberty, respectively. Courts have consistently emphasized the importance of these principles in various landmark cases.

For example, in Maneka Gandhi v. Union of India (1978), the Supreme Court held that the right to be heard is an essential component of personal liberty. Similarly, in A.K. Kraipak v. Union of India (1969), the Court ruled that the rules of natural justice apply even in administrative decisions to prevent arbitrariness.

However, the doctrine of natural justice is not absolute. Situations such as emergency provisions, legislative actions, or instances where the application of natural justice would defeat the purpose of the decision may lead to its exclusion. This is referred to as the exclusion of natural justice. Nevertheless, the courts ensure that such exclusions do not lead to undue harm or arbitrariness.

The evolving nature of Indian jurisprudence highlights the growing emphasis on balancing natural justice with efficiency and public interest. As the judiciary continues to expand its scope, natural justice remains a cornerstone of fair legal processes.

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Solution

Instruction

1

What is the meaning of nemo judex in causa sua?

A

Everyone shall have a fair trial

B

No one shall be a judge in their own cause

C

Hear the other side

D

Justice delayed is justice denied

E

Answer

B

2

Which Articles of the Indian Constitution are closely associated with the principles of natural justice?

A

Articles 15 and 19

B

Articles 14 and 21

C

Articles 32 and 226

D

Articles 19 and 22

E

Answer

B

3

In which case did the Supreme Court highlight the importance of the right to be heard as part of personal liberty?

A

A.K. Kraipak v. Union of India

B

Kesavananda Bharati v. State of Kerala

C

Maneka Gandhi v. Union of India

D

Minerva Mills v. Union of India

E

Answer

C

4

What is the term used for situations where the principles of natural justice are not applied?

A

Doctrine of waiver

B

Exclusion of natural justice

C

Doctrine of necessity

D

Doctrine of proportionality

E

Answer

B

5

What was the significance of A.K. Kraipak v. Union of India (1969)?

A

It limited the application of natural justice to judicial decisions.

B

It stated that natural justice is not applicable in administrative decisions.

C

It emphasized the applicability of natural justice to administrative decisions.

D

It introduced the concept of the exclusion of natural justice.

E

Answer

C

6

Which of the following is a key principle of natural justice?

A

Doctrine of estoppel

B

Audi alteram partem

C

Rule of law

D

Separation of powers

E

Answer

B