What Are the Rules of Natural Justice
Natural justice refers to basic procedural fairness that every authority must follow before passing an order that affects a person’s rights, property, or reputation. It is not a specific law but a set of principles read into the Constitution of India and various statutes to prevent arbitrary decision making.
The two core rules of natural justice are:
- Audi alteram partem: A Latin phrase meaning “hear the other side.” It requires that no person be condemned or penalised without being given a fair opportunity to present their case.
- Nemo judex in causa sua: Meaning “no one should be a judge in their own cause.” It requires that the decision maker be free from bias, whether personal, financial, or otherwise.
Constitutional and Statutory Basis
Although natural justice is largely a judge developed doctrine, several constitutional and statutory provisions embed it into Indian law:
- Article 14, Constitution of India: Guarantees equality before law and prohibits arbitrary state action, which forms the constitutional foundation for fair procedure.
- Article 21, Constitution of India: Guarantees protection of life and personal liberty except according to procedure established by law, and this procedure must be fair, just, and reasonable, which includes natural justice.
- Article 311, Constitution of India: Specifically protects civil servants from dismissal, removal, or reduction in rank without an inquiry giving them a reasonable opportunity to be heard.
- Central Civil Services (Classification, Control and Appeal) Rules, 1965: Lay down the detailed procedure for departmental inquiries against government employees, incorporating audi alteram partem at every stage.
- Industrial Disputes Act, 1947: Requires employers to conduct a fair domestic inquiry before dismissing a workman, including notice of charges and an opportunity to respond.
- Administrative Tribunals Act, 1985: Establishes tribunals for service matters that are bound to follow principles of natural justice even though they are not strictly bound by the Code of Civil Procedure.
- Bharatiya Nagarik Suraksha Sanhita, 2023, Section 351 (earlier Section 313, Code of Criminal Procedure, 1973): Requires that an accused person be given an opportunity to explain circumstances appearing against them during a criminal trial, reflecting audi alteram partem in criminal procedure.
Rights and Obligations Under Natural Justice
| Aspect | Audi Alteram Partem | Nemo Judex in Causa Sua |
|---|---|---|
| Core idea | Right to be heard before an adverse order | Right to an unbiased decision maker |
| What it requires | Notice of charges, opportunity to respond, right to present evidence | Recusal of a biased or interested adjudicator |
| Applies to | Disciplinary action, licence cancellation, administrative orders | Tribunals, disciplinary committees, quasi-judicial bodies |
| Typical violation | Passing an order without notice or hearing | Same person investigating and deciding the matter |
| Constitutional anchor | Articles 14 and 21 | Articles 14 and 21 |
Exceptions to the Rules of Natural Justice
Natural justice is not absolute. Courts and statutes recognise situations where strict compliance may be relaxed:
- Urgency or emergency: Where immediate action is necessary to prevent public harm, a prior hearing may be dispensed with, though a post decisional hearing is often required.
- Impracticability: Where giving notice to a large number of affected persons is impossible, general public notice may substitute individual notice.
- Legislative functions: Purely legislative or policy decisions of general application are usually not required to follow natural justice in the same manner as individual administrative orders.
- Statutory exclusion: Some statutes expressly exclude a hearing at a preliminary stage, though this exclusion itself must be reasonable and proportionate.
Remedies for Violation of Natural Justice
When an order is passed in violation of natural justice, the affected person can seek:
- Writ petition: Filed before a High Court under Article 226 or the Supreme Court under Article 32 of the Constitution, seeking quashing of the order.
- Departmental appeal: Available under service rules like the CCS (CCA) Rules, 1965, to challenge a disciplinary order internally.
- Appeal before tribunals: Under the Administrative Tribunals Act, 1985, for service related grievances.
Frequently Asked Questions
No. It is read into Articles 14 and 21 through interpretation rather than being expressly named.
Courts have generally allowed some relaxation in genuine security matters, though complete denial without any safeguard is uncommon.
No. It also applies to private bodies performing quasi-judicial functions, such as domestic tribunals of clubs or associations.
Such an order can be challenged as void or voidable for violating audi alteram partem, and is often set aside on appeal or writ petition.
Not always, but a reasonable opportunity to know the case against oneself is generally required, whether through written or oral notice.
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