Natural Justice

Principles of natural justice

The principles of natural justice cannot be applied in a vacuum without reference to the relevant facts and circumstances of the case - Thus, they cannot be put in a strait-jacket formula - "Natural justice is not an unruly horse, no lurking landmine, nor a judicial cure-all. If fairness is shown by the decision-maker to the man proceeded against, the form, features and the fundamentals of such essential procedural propriety being conditioned by the facts and circumstances of each situation, no breach of natural justice can be complained of." - The two rules of natural justice, namely, nemo judex in causa sua, and audi alteram partem now have a definite meaning and connotation in law and their contents and implications are well understood and firmly established; they are nonetheless non-statutory - The court has to determine whether the observance of the principles of natural justice was necessary for a just decision in the facts of the particular case - There may be cases where on admitted and undisputed facts, only one conclusion is possible. In such an eventuality, the application of the principles of natural justice would be a futile exercise and an empty formality - However, there may be cases where the non-observance of natural justice is itself prejudice to a person and proof of prejudice is not required at all.

2010 SCeJ 002 MUNICIPAL COMMITTEE, HOSHIARPUR versus PUNJAB STATE ELECTRICITY BOARD