Principle of Natural Justice: rule against Bias and fair hearing
Principle of Natural Justice: Rule Against Bias and Fair Hearing
1. Introduction to Natural Justice
Natural justice is a fundamental principle ensuring fairness in administrative and judicial proceedings. It safeguards individuals from arbitrary and unjust decisions by requiring that decision-makers act fairly.
It primarily consists of two core rules:
Rule against bias (Nemo Judex in Causa Sua) – No one should be a judge in their own cause.
Right to fair hearing (Audi Alteram Partem) – Hear the other side before deciding.
These rules have been incorporated into administrative law to prevent miscarriage of justice.
2. Rule Against Bias (Nemo Judex in Causa Sua)
This rule means that a decision-maker must be impartial and free from any interest or prejudice.
Even the appearance of bias is enough to vitiate a decision.
Bias can be actual bias, perceived bias, or imputed bias (e.g., personal interest, pecuniary interest, or relationship).
3. Right to Fair Hearing (Audi Alteram Partem)
The affected party must be given a reasonable opportunity to present their case.
Includes the right to:
Know the case against them.
Present evidence and arguments.
Cross-examine adverse witnesses (in some cases).
Receive reasons for the decision.
4. Importance in Administrative Law
Ensures transparency and accountability in administrative decision-making.
Protects individuals’ legal and fundamental rights.
Prevents arbitrariness and promotes rule of law.
5. Important Case Laws on Natural Justice (Bias and Fair Hearing)
Case 1: Ridge v. Baldwin (1964) (UK)
Police officer dismissed without a hearing.
The House of Lords held that failure to give a fair hearing violated natural justice, making dismissal invalid.
Significance: Established that procedural fairness is fundamental in administrative actions.
Case 2: Dimes v. Grand Junction Canal (1852) (UK)
A judge had a financial interest in a company involved in the case.
The decision was set aside due to actual bias.
Significance: Demonstrated strict application of the rule against bias.
Case 3: S.P. Gupta v. Union of India (1981) (India)
Concerned allegations of bias against members of the selection committee for Supreme Court judges.
The Supreme Court emphasized the paramount importance of impartiality.
Significance: Even apprehension of bias undermines public confidence in the judiciary and administration.
Case 4: K.K. Verma v. Union of India (1962) (India)
A party was not given an opportunity to be heard before adverse action was taken.
The Court quashed the action citing violation of the right to fair hearing.
Significance: Reinforced the mandatory nature of the audi alteram partem rule.
Case 5: Anwar P.V. v. P.K. Basheer (2014) (India)
A judge was held disqualified due to prior relationship with one of the parties, demonstrating imputed bias.
Significance: Appearance of bias is enough to invalidate decisions.
6. Summary of Principles from Cases
| Case Name | Principle Established |
|---|---|
| Ridge v. Baldwin | Right to a fair hearing is fundamental |
| Dimes v. Grand Junction Canal | Actual bias invalidates the decision |
| S.P. Gupta v. Union of India | Even apprehension of bias undermines fairness |
| K.K. Verma v. Union of India | Hearing must be given before adverse administrative action |
| Anwar P.V. v. P.K. Basheer | Appearance of bias or relationship leads to disqualification |
7. Practical Applications of These Principles
Administrative authorities must disclose conflicts of interest.
Must provide notice of charges and an opportunity to respond.
Decisions taken without observing these principles are liable to be quashed by courts.
These principles are also flexible; extent of hearing depends on context and nature of decision.
8. Conclusion
The Principle of Natural Justice ensures that administrative decisions are made fairly and impartially. The rule against bias protects the decision-making process from improper influences, while the right to fair hearing ensures all parties have a chance to be heard. These principles uphold the rule of law and maintain public confidence in the administrative process.
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