Principle Of Natural Justice Is Unwritten Law In India: A Critical Study

Neha Kumari, Chanakya National law University, Patna

ABSTRACT

"Natural Justice" is a concept in Common Law that refers to the principles of fairness, equity, reasonableness, and equality. It is the counterpart to the American concept of "procedural due process." Natural Justice is a set of procedural principles created by judges that all administrative agencies must follow when making decisions that could negatively impact the rights of a private individual. The term "Natural Justice" has been used interchangeably with Divine Law, Jus Gentium, and the Common Law of the Nations. It is a concept whose content has changed over time. However, there are fixed principles of Natural Justice that can be identified at any given time. The principles of Natural Justice can be easily ascertained through various court decisions, though their application in a given situation may depend on multifarious factors. In a Welfare State like India, the role and jurisdiction of administrative agencies are increasing at a rapid pace. The concept of the Rule of Law would lose its validity if the instrumentalities of the State were not charged with the duty of discharging these functions in a fair and just manner. The principles of natural justice are firmly grounded under various Articles of the Constitution. With the introduction of the concept of substantive and procedural due process in Article – 21 of the Constitution, all the fairness which is included in the principles of natural justice can be read into Article – 21 when a person is deprived of their life and personal liberty. In other areas, it is Article – 14 which incorporates the principles of natural justice. Article – 14 applies not only to discriminatory class legislation but also to arbitrary or discriminatory State action. Violation of natural justice results in arbitrariness, and therefore, a violation of natural justice is a violation of the Equality Clause of Article – 14. Therefore, the principle of natural justice cannot be wholly disregarded by law because this would violate the fundamental rights guaranteed by Articles – 14 and 21 of the Constitution.

This Paper presents the term of Natural justice forms an integral part of the basic structure doctrine enshrined under the Indian constitution, evolution of terms of natural justice in different countries.

Keywords: Divine Law, Jus Gentium, Natural justice, Equality, Fundamental Rights.