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Natural justice implies fairness, equity and equality. In a welfare state like India, the role
and jurisdiction of administrative agencies is increasing at a rapid pace. The concept of
Rule of Law would loose its validity if the instrumentalities of the State are not charged
with the duty of discharging these functions in a fair and just manner.
In India, the principles of natural justice are firmly grounded in Article 14 & 21 of the
Constitution. With the introduction of concept of substantive and procedural due process
in Article 21, all that fairness which is included in the principles of natural justice can be
read into Art. 21. The violation of principles of natural justice results in arbitrariness;
therefore, violation of natural justice is a violation of Equality clause of Art. 14. The
principle of natural justice encompasses following two rules: - 1. Nemo judex in causa sua
- No one should be made a judge in his own cause or the rule against bias. 2. Audi
alteram partem - Hear the other party or the rule of fair hearing or the rule that no one
should be condemned unheard.
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The principle of audi alteram partem is the basic concept of principle of natural justice.
The expression audi alteram partem implies that a person must be given opportunity to
defend himself. This principle is sine qua non of every civilized society. This rule covers
various stages through which administrative adjudication pasees starting from notice to
final determination. Right to fair hearing thus includes:-
1. Right to notice
2. Right to present case and evidence
3. Right to rebut adverse evidence (i) Right to cross examination (ii) Right to legal
representation
4. Disclosure of evidence to party
5. Report of enquiry to be shown to the other party
6. Reasoned decisions or speaking orders.
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Post decisional hearing means hearing after the decision is reached. The idea of post
decisional hearing has been developed by the SC in Maneka Gandhi Vs. UOI to maintain
the balance between administrative efficiency and fairness to the individual.
OPEN
a) the legal advisors have a tendency to muddle matters, draw out hearings and wreck
the fundamental casualness of the hearings.
b) it gives and edge to the rich over the poor who can't bear the cost of a decent attorney.
Regardless of whether lawful portrayal is permitted in regulatory procedures relies upon
the arrangements of the statute
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Production line laws don't allow legitimate portrayal, Industrial Disputes Act permits it with
the consent of the council and a few statutes like Income Tax allow portrayal as an issue
of right. The courts in India have held that in following circumstances, some expert help
must be given to the gathering to make his entitlement to safeguard himself important:
Illiterate
Matter is specialized or confused
Expert proof is on record
Question of law is included
Person is confronting prepared prosecutor
The courts have seen in few cases that it is inappropriate to deny legitimate portrayal to
the distressed individual where the State is permitted to be spoken to through a legal
counselor.
In India, except if there is particular necessity of giving reasons under the statute, it isn't
obligatory for the regulatory organizations to give explanations behind their choices.
Reasons are the connection between the request and brain of the producer. Any choice of
the managerial expert influencing the privileges of the general population without
appointing any reason tantamounts to infringement of standards of characteristic equity.
The necessity of expressing the reasons can't be under accentuated as its fills the
accompanying need: -
1. It guarantees that the authoritative specialist will apply its brain and impartially take a
gander at the actualities and confirmation of the case.
2. It guarantees that all the applicable components have been considered and that the
unessential elements have been forgotten.
3. It fulfills the bothered party as in his view focuses have been analyzed and considered
preceding achieving an end.
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4. The re-appraising experts and courts are in a superior position to think about the
interests on the topic of law.
kirti kabra
on 25 September 2018
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