The Bedrock of Fairness: Principles of Natural Justice in Legal Adjudication

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Mohua Singh
Published On: 27/01/2024
Volume: 10
Issue: 1
First Page: 58
Last Page: 72
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Mohua Singh, The Bedrock of Fairness: Principles of Natural Justice in Legal Adjudication, Volume 10 Issue 1, Journal of Legal Studies & Research, 58-72, Published on 27/01/2024, Available at https://jlsr.thelawbrigade.com/article/the-bedrock-of-fairness-principles-of-natural-justice-in-legal-adjudication/

Abstract

This article examines the Principles of Natural Justice, highlighting their fundamental role in ensuring fairness, transparency, and due process in the administration of justice. The honourable Supreme Court’s position on Natural Justice as elaborated in the Canara Bank Vs. Debasis Das’s case underlines its role in liberating the administration of justice from narrow consideration and linguistic technicalities.

The article emphasizes the centrality of two core principles – Nemo Judex in Causa Sua and Audi Alteram Partem. Bias and its type are explored in detail. It also delves into essential components of Audi Alteram Partem, highlighting their significance in upholding fairness. Exceptions to the Principles of Natural Justice, such as legislative work, emergencies, statutory exclusion, academic adjudication, public interest, and confidentiality, are presented to delineate circumstances where fairness may be excluded.

Ultimately, the article underscores the significance of natural justice in upholding the rule of law, preventing arbitrariness, and protecting individual rights.

Keywords: Principles of Natural Justice, Fairness, Transparency, Due Process, Supreme Court, Nemo Judex in Causa Sua, Audi Alteram Partem, Bias, Exceptions, Rule of Law, Arbitrariness, Individual Rights

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