Principles of natural justice
Also called: Audi alteram partem, Nemo judex in causa sua · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
These are two basic rules of fair procedure. The first is nemo judex in causa sua: no one may be a judge in their own case. The second is audi alteram partem: both sides must be heard before a decision is made. Since Maneka Gandhi (1978), courts treat these rules as part of Articles 14 and 21, so an unfair procedure can make State action unconstitutional.
Example
In Maneka Gandhi (1978), the government impounded her passport without giving her a hearing. The Supreme Court held that any procedure limiting liberty must be "right, just and fair", and a fair hearing is part of that.
Don't confuse with
- Procedure established by law: under the Gopalan view (1950), any procedure a law laid down was enough. Natural justice requires the procedure itself to be fair.
Related concepts
- Right to equality
- Equality before law
- Equal protection of laws
- Reasonable classification
- Doctrine of manifest arbitrariness