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Principles of Natural Justice

 

  • Natural Law is of the ‘higher law of nature’ or ‘natural law’
  • Natural Law is another name for common-sense justice.
  • Natural Laws are not codified and is based on natural ideals and values which are universal.
  • In the absence of any other law, the Principles of Natural Justice are followed.

Basic Pillars of Principles of Natural Justice

Two core points in the concept of principles of natural justice

  1. Nemo in propria causa judex, esse debet – No one should be made a judge in his own case, 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.

These two are the basic pillars of the Principles of Natural Justice. No system of law can survive without these two basic pillars.

Principles of Natural Justice and India

  • The concepts of social and economic justice that can be seen in the Preamble of the Constitution are based on the principles of natural justice.
  • Article 311 incorporates many of the features of the natural justice without explicitly mentioning it.
  • Violation of natural justice is equal to violation of Equality of the Article 14.

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