Principles of Natural Justice
The Principles of Natural Justice have come out from the need of man to protect himself from the excesses of organized power man has always appealed to someone beyond his own creation. Such someone is the God and His laws, divine law or natural law, to which all temporal laws and actions must confirm.
Natural Law is of the 'higher law of nature' or 'natural law'
Natural Law does not mean the law of the nature or jungle where lion eats the lamb and tiger eats the antelope but a law in which the lion and lamb lie down together and the tiger frisks the antelope.
Natural Law is another name for common-sense justice.
Natural Laws are not codified and is based on natural ideals and values which are universal.
In the absence of any other law, the Principles of Natural Justice are followed.
Earliest form of natural law can be seen in Roman philosophical expressions (Jus Naturale). It is used interchangeably with Divine Law, jus gentium and the common law of nations.
- The Principles of Natural Justice are considered the basic Human Rights because they attempt to bring justice to the parties naturally.
Giving reasoned decisions is a postulate and principle of Natural Justice.
Basic Pillars of Principles of Natural Justice
Two core points in the concept of principles of natural justice
- Nemo in propria causa judex, esse debet - No one should be made a judge in his own case, or the rule against bias.
- 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.
Principles of Natural Justice and India
The concepts of social and economic justice that can be seen in the Preamble of the Constitution are based on the principles of natural justice.
Article 311 incorporates many of the features of the natural justice without explicitly mentioning it.
Violation of natural justice is equal to violation of Equality of the Article 14.