The Doctrine Of Natural Justice In DRT Adjudications: A Critical Examination Of Procedural Safeguards In Debt Recovery Proceedings
- IJLLR Journal
- May 22
- 2 min read
Ankita Tiwari, Amity University
ABSTRACT
This paper is an interrogation of the procedural protections in place in DRT adjudications in India. There is an inherent tension between the imperative of speedy collection of debts and procedural fairness. Recovery Tribunals were set up by the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 to facilitate expeditious adjudication and recovery of debts. But, process fairness is still crucial. The principle of natural justice, which is a part and parcel of Articless 14 and 21 of the Indian Constitution, involves minimum standards of fair procedure. The recent judicial pronouncements have brought attention to procedural lacunae in DRTs. By examining the legislative provisions, judicial decisions, and the practice of the tort, this article delves into the adjudicative role played by audi alteram partem and nemo judex in causa sua in DRT proceedings. It notes a number of significant procedural issues such as short notice periods, little time to cross-examine and lack of access to case files. The paper suggests that procedural safeguards should be enhanced without compromising the efficient nature of the tribunals. It also suggests the proposed reforms, such as standardisation of procedure rules, improved judicial training and use of technology. There can be no over-emphasis on the need to balance the rights of creditors against the interests of debtors in a healthy financial economy. This article adds to the conversation about administrative justice in specialized tribunals, and argues for procedural reforms that are consistent with constitutional values, but also support economic goals.
Keywords: Natural Justice, Debt Recovery Tribunals, Procedural Fairness, Administrative Adjudication, Due Process, Recovery of Debts Act, Tribunal Reform, Financial Adjudication, Constitutional Guarantees, Administrative Law.
