Natural Justice and Article 14

Introduction

All the administrative agencies have to follow the minimum procedure to decide and that is the principles of natural justice. Natural justice is nothing but a concept of common law but this concept is further developed by the courts. The concept of natural justice mainly includes fairness, equity, and equality. In a welfare state like India, the role and jurisdiction of administrative agencies are increasing at a rapid pace. The concept of Rule of Law would lose its validity if it does not charge the instrumentalities of the State with the duty of discharging these functions in a fair and just manner.

The expression Natural Justice is nowhere used in the constitution of India. However, this concept is deeply rooted in the constitution. The preamble of the constitution includes the words, ‘Justice Social, Economic and political’ liberty of thought, belief, worship… And equality of status and of opportunity, which not only ensures fairness in social and economic activities of the people but also acts as a shield to individual’s liberty against the arbitrary action which is the base for principles of Natural Justice. Apart from the preamble rule of natural justice is a very core concept of the Indian Constitution. Article 14, 19 and 21 of the Constitution of India lay down the cornerstone of this principle. The Supreme Court of India plays a vital role to increase the importance of the principle of natural justice in India. The violating principles of natural justice result in arbitrariness; therefore, violation of natural justice violates the Equality clause of Art. 14.

Meaning of Natural Justice

In the ancient days of fair practice, at the time when industrial areas ruled with a harsh and rigid law to hire and fire, the Supreme court gave its command with the passage of duration and establishment of social, justice and economy statutory protection for the workmen.Natural justice simply means to make a sensible and reasonable decision-making procedure on a particular issue.

Natural Justice has three rules;

(i)Hearing rule: This rule states that the person or party who is affected by the decision made by the panel of expert members should be given a fair opportunity to express his point of view to defend himself.

(ii)Bias rule: This rule makes the point that the panel of expert should be biased free while taking the decision. The decision should be given in a free and fair manner which can fulfil the rule of natural justice.

(iii)Reasoned Decision: This rule states that order, decision or judgement of the court given by the Presiding authorities with a valid and reasonable ground.

We can now understand the purpose of the principles of natural justice and conclude those in the following points:

  • To provide equal opportunity of being heard.
  • Concept of Fairness.
  • To fulfil the gaps and loopholes of the law.
  • To protect the Fundamental Rights.
  • Basic features of the Constitution.
  • No miscarriage of Justice.

Article 14 of the Constitution of India

Article 14 of the Indian constitution of India provides that the state shall not deny to any person Equality before the law or the equal protection of the laws in the Territory of India.
Article 14 uses two expressions “Equality before the law “which implies the absence of any special privileges in favour of individuals and the subject of all classes to the ordinary law and “Equal Protection of the Law” which implies equal treatment in equal circumstances.

The scope of equality as expressed in Article 14 has been expanding as a result of the judicial decisions. This Article laid down a general preposition that all persons in similar circumstance shall be treated in a similar way both in privileges and liabilities imposed.

Art 14 manifests in the form of following propositions:

(i) A law granting freehand and unhindered power on an authority is dreadful for being arbitrary and discriminatory. 

(ii) Art. 14 illegalize prejudice in the definite exercise of any discretionary power. 

(iii) Art. 14 smacks at arbitrariness in administrative action and guarantees fairness and equality of treatment.

Many cases are held by the Indian Judiciary in which Article 14 of the Constitution of India is worked as a shield for protection of natural justice.

In the case of Central Inland Water Transport Corporation Ltd v. Brojo Nath an order of termination of service of a permanent employee merely by issuing three months was held to be invalid and unconstitutional as being depriving the employee of the right and Protection under Art. 14. The Court stated that it would strike down, any unfair and unreasonable clause of a contract entered into between parties who were not equal in bargaining power. And the Court further held that such an action was in conformity with the mandate of the “great equality clause” in Art. 14, which protects the principles of natural justice.

In the case of Union of India v Tulshiram Patel[i], while interpreting Article 311 of the Constitution, the court says that the rule of natural law is not a mere creation of Article 14, but Article 14 is the constitutional guarantor of the principle of natural justice.

With Delhi Transport Corporation v. DTC Mazdoor Union[ii], the Supreme Court of India held that the rule of Audi alteram partem enforce the equality clause in Art 14 and it applies not only to the quasi-judicial bodies but also to administrative order unfavourably affecting the party in question unless the rule has been expressly excluded by the Act in the question.

Similarly, with Maneka Gandhi v. Union of India[iii], Supreme Court was of opinion that Art 14 is an authority for the proposition that the principles of natural justice are an integral part of the guarantee of equality assured by Art. 14 and an order depriving a person of his civil right passed without affording him an opportunity of being heard suffers from the vice of violation of natural justice.

Conclusion

From the starting of the life on the earth the, lives of human are dominated by the Law of Nature but as the advancement of life and civilization started it has been dominated by the Rules of Law. These principles are the result of the necessity of judicial thinking and judicial interpretation, as well as the necessity to evolve the human needs. Natural Justice is justice in deed and in truth, this is recognized by the nature and is based on the common thinking of wrong and right.But the legal justice is justice declared by some authorities and recognized by law. Natural Justice is based on good conscience and human values that follows a fair and just procedure or we can say that the principles of equity is principles of Natural Justice.

In a democratic country like India, the responsibility of administrative agencies is increasing at a rapid speed and with rapid growth of state liability and civic needs of the people. If the function of the state and its administrative agencies is not changed in a just and fair manner the Rule of Law would lose its essence and validity.Since violation of natural justice leads to arbitrariness, so violation of justice is violation of equality and this leads to the violation of the provisions of the Constitution of India. Under Article 14 & Article 21 of the Constitution of India, the articles firmly deal with the principles of natural justice. The violation of principles of natural justice shall results in arbitrariness; therefore, violation of natural justice is also a violation of Right to Equality under Article 14. Natural Justice has its foundation on good conscience and human values that follows a fair procedure. If the state doesn’t discharge its function in a just and fair manner the Rule of Law would lose its validity.

Question & Answer

  1. What are the three rules of Natural Justice?

Natural Justice has three rules;

(i) Hearing rule: This rule states that the person or party who is affected by the decision made by the panel of expert members should be given a fair opportunity to express his point of view to defend himself.

(ii)Bias rule: This rule makes the point that the panel of expert should be biased free while taking the decision. The decision should be given in a free and fair manner which can fulfil the rule of natural justice.

(iii)Reasoned Decision: This rule states that order, decision or judgement of the court given by the Presiding authorities with a valid and reasonable ground.

2. What is the Purpose of Natural Justice?

Purpose of the principles of natural justice are given in following points:

  • To provide equal opportunity of being heard.
  • Concept of Fairness.
  • To fulfil the gaps and loopholes of the law.
  • To protect the Fundamental Rights.
  • Basic features of the Constitution.
  • No miscarriage of Justice.

References

[i]1985 AIR 1416

[ii]  1991 AIR 101

[iii] 1978 AIR 597

[iv] C.K. Takwani, “Lectures on Administrative Law” 4th Edition

[v] Dr. J.N. Pandey, “ Constitutional Law of India” 56th Edition

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