Like A Moth To A Flame, The Urgency In The Pursuit Of Justice Under An Unconstitutional Law

Like A Moth To A Flame, The Urgency In The Pursuit Of Justice Under An Unconstitutional Law: Application Of The Doctrine Of Natural Justice In The CAA/NRC Trials






Sanjana Arun, O.P. Jindal Global Law School


INTRODUCTION


“Natural Justice”, in the words of Justice Krishna Iyer is a pervasive fact of secular law where a spiritual touch enlivens legislation, legislation and adjudication to make fairness a creed of life. It has many colours and shades, many forms and shapes1. Lord Diplock in Privy Council decisions has rightfully concurred that the word “law” in the Constitution not only harbours, equality and freedom but also includes the principles of natural justice.


The history of Natural Justice in the country is remarkable. It was proclaimed to be a part of Public Law and as a formidable weapon in achieving justice to the country’s citizens in Swadeshi Cotton Mills V. Union of India3. Again, in the case, Canara Bank v. V.K Awasthi4 observed that the principles of Natural Justice to mitigate injustice, protect the fundamental, natural rights of citizens from arbitrary and unjust judicial and quasi-judicial trials in the country.



Indian Journal of Law and Legal Research

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