natural justice

Natural justice consists of rules of fair procedure that every authority deciding a person's rights must follow, even if the statute is silent. The two main rules are audi alteram partem (no one should be condemned unheard) and nemo judex in causa sua (no one should be a judge in his own cause). Courts also treat a reasoned decision as a third requirement.

In India the rules apply to administrative as well as quasi-judicial action, and they are part of Art. 14 and Art. 21. They are flexible: their content depends on the statute and facts, and they may be excluded by statute expressly or by necessary implication, or in an emergency, subject to a post-decisional hearing.

Example

Impounding the passport without giving her any hearing violated natural justice and Article 21.

In Indian law

• A.K. Kraipak v. Union of India, 1969 INSC 129: natural justice applies to administrative action
• Maneka Gandhi v. Union of India, 1978 INSC 16

See also

audi alteram partem · nemo judex in causa sua · reasoned decision · judicial review

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Separation of powers and its bearing on administrative law (Administrative Law)
• Classification of administrative action (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• The rule against bias (Administrative Law)