NIOS Class 12 Introduction to Law Chapter 6 Principles of Natural Justice

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NIOS Class 12 Introduction to Law Chapter 6 Principles of Natural Justice

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Principles of Natural Justice

Chapter: 6

Module – 2 Function and Techniques of Law

INTEXT QUESTION 6.1 

1. Define ‘Natural Justice’. 

Ans: Natural justice is the body of judicially-developed procedural principles which require that decision-making especially by courts and administrative agencies affecting the rights, interests or legitimate expectations of individuals be fair, reasonable, equitable and impartial. 

2. What is the constitutional basis of the principles of Natural Justice. 

Ans: Article 14 and 21 of the Constitution provide the strong basis of the principles of Natural Justice. Article – 14 bars arbitrary actions whereas Article – 21 provides for substantive and procedural fairness in matters which effect the life and liberty of individuals.

3. State two main principles of Natural Justice.

Ans: Two main principles of Natural Justice are:

(i) No one should be the Judge in his/her own case and.

(ii) each party should be given the opportunity to be heard.

INTEXT QUESTIONS 6.2 

1. Define the term ‘Bias’. 

Ans: The term ‘Bias’ means an operative prejudice whether conscious or unconscious in relation to a party or issue.

2. Give one example each of the followings: 

(a) ‘Pecuniary Bias’. 

Ans: The adjudicating officer has shares in one of the companies.

(b) ‘Subject-matter Bias’.

Ans: A person who is the member of the selection panel is also one of the applicants for the post.

(c) ‘Departmental Bias’.

Ans: An officer of the government Transport company authorised to inspect the government and private vehicle.

3. List the various aspects of ‘Bias’.

Ans: Various aspects of ‘Bias’ are: 

(i) Personal Bias. 

(ii) Pecuniary Bias. 

(iii) Subject Matter Bias. 

(iv) Pre-conceived Notion bias and. 

(v) Departmental Bias.

INTEXT QUESTION 6.3 

1. Define ‘Rule of Fair Hearing’. 

Ans: ‘Rule of Fair Hearing’ simply implies that a person must be given an opportunity to defend himself/herself.

2. Discuss the main components of a ‘Valid Notice’.

Ans: The important components of a Notice are: 

(i) Time, place and nature of hearing. 

(ii) Legal authority under which hearing is to be held. 

(iii) Statement of specific charges which the person has to meet.

INTEXT QUESTION 6.4 

1. Explain the meaning of ‘Reasoned Decisions’ or ‘Speaking order’. 

Ans: The term ‘Reasonable Decisions’ or ‘Speaking orders’ means that the order which is passed affecting the rights of an individual must be speaking order. The party against whom an order is passed in fair play, must know the reasons of passing the order.

2. What do you understand by the term, ‘Speaking Order’. Point out the significance of ‘Speaking Order’ in administrative proceedings. 

Ans: ‘Speaking order’ is the order which mentions the reason (s) for arriving at a particular decision. It helps in avoiding arbitrariness. It helps in building up the trust and confidence in the system. It provides the ground (s) of appeal if desired by the aggrieved party.

INTEXT QUESTION 6.5 

1. Name some of the ‘Exceptions’ to the Principles of Natural Justice. 

Ans: Some of the important exceptions to the principles of natural justice are – exclusion in emergency, confidentiality, routine matters, exclusion legislative action, where no right of the person is infringed etc exclusion in case of statutory exception or necessity, exclusion in case of contractual arrangement. 

Write True/False:

2. Application of principles of Natural Justice can be excluded either expressly or by necessary implications subject to the provisions of Articles–14 and 21 of the Constitution. (True/False) 

Ans:  True.

3. Natural Justice is pragmatically flexible and amenable to capsulation under compulsive pressure of circumstances. (True/False)

Ans: True.

TERMINAL EXERCISES

1. Explain the ‘Rule Against Bias’. Discuss various types of ‘bias’ which may operate in the decision making by the administrative authorities.  

Ans: ‘Bias’ means an operative prejudice—conscious or unconscious—in relation to a party or issue. The Rule Against Bias ensures that the decision-maker must be impartial and act only on evidence, not on personal interest or prejudice.

It is based on the maxim “Nemo judex in causa sua” (no one should be a judge in his own cause) and the principle that “justice should not only be done but also be seen to be done.”

A biased decision is a nullity and violates natural justice. Courts examine whether there is a real likelihood or reasonable suspicion of bias, not mere imagination or conjecture.

Types of Bias:

(i) Personal Bias: The judicial approach is unanimous and decisive on the point that any financial interest, howsoever small it may be, would vitiate administrative action. The disqualification will not be avoided by non-participation of the biased member in the proceedings if he/she was present. The Supreme Court in a case quashed the decision of the Textbook Selection Committee because some of its members were also authors of books which were considered for selection when the decision was reached.

(ii) Pecuniary Bias: Those cases fall within this category where the deciding officer is directly, or otherwise, involved in the subject matter of the case. Here again mere involvement would not vitiate the administrative action unless there is a real likelihood of bias. In a case the Supreme Court quashed the decision of the Andhra Pradesh Government, nationalizing road transport on the ground that the Secretary of the Transport Department who gave hearing was interested in the subject-matter.

(iii) Subject-Matter Bias: Those cases fall within this category where the deciding officer is directly, or otherwise, involved in the subject matter of the case. Here again mere involvement would not vitiate the administrative action unless there is a real likelihood of bias.

(iv) Departmental Bias: The problem of ‘departmental bias’ is something which is inherent in the administrative process, and if it is not effectively checked, it may negate the very concept of fairness in the administrative proceeding. The problem of ‘departmental bias’ also arises in a different context, when the functions of judge and prosecutor are combined in the same department. It is not uncommon to find that the same department which initiates a matter also decides it, therefore, at times departmental fraternity and loyalty militates against the concept of fair hearing.

(v) Preconceived Notion Bias: ‘Bias’ arising out of preconceived notions is a very delicate problem of administrative law. On the one hand, no judge as human being is expected to sit as a blank sheet of paper, on the other, preconceived notions would vitiate a fair trial.

2. Examine the Rule of Fair Hearing. Critically analyse the various aspects of this Rule. 

Ans: The Rule of Fair Hearing — expressed by the Latin maxim audi alteram partem — requires that a person who is likely to be adversely affected by a decision must be given a real and effective opportunity to know the case against them and to present their own side before an impartial decision-maker. It is a foundational procedural protection in administrative law and a precondition of lawful and legitimate government action in any civilized legal order.

3. Define the term ‘Speaking Order’. 

Ans: The third principle of natural justice requires that any order affecting an individual’s rights must be a speaking order, meaning it must state the reasons—however brief—for the decision. This requirement prevents arbitrariness and ensures that the affected person knows why the order was made and can meaningfully challenge it on appeal; without reasons, an appeal becomes largely nugatory. While administrative authorities and tribunals are not expected to produce long judicial-style judgments, they must show that their mind was applied by recording the decisive facts, the legal or administrative basis, and a brief response to the party’s contentions. Courts have repeatedly held that a non-speaking order may amount to depriving a party of the right of appeal, and appellate authorities reversing findings should likewise give reasons for reversal.

4. Identify the various ‘Exceptions’ to the Rule of Natural Justice. 

Ans: The rule of natural justice admits a number of well-recognised exceptions — for example where a statute expressly excludes or modifies the requirements of natural justice; in cases of genuine urgency or necessity where a prior hearing is impossible; where the affected party has waived the right to a hearing; in matters of high policy or security where disclosure would be harmful; and in purely ministerial or procedural acts that do not call for adjudication of rights. In short, necessity, statutory prescription, waiver, public interest and purely administrative/ministerial actions are common bases for excepting the full rigour of natural-justice norms.

One important, frequently discussed exception concerns legal representation in administrative proceedings. As a rule, legal representation is not an indispensable part of fair hearing because oral hearings are not always implied in the concept of fair procedure; allowing lawyers can complicate and prolong informal proceedings and give the wealthy an unfair advantage. Whether lawyers may appear therefore depends on the statute: some enactments (e.g. many factory laws) prohibit it, others (e.g. Industrial Disputes Act) permit it with the tribunal’s leave, while certain statutes (e.g. the Income-tax law) grant it as of right. Indian courts, however, have held that where a person is illiterate, the matter is complex or technical, expert evidence or difficult questions of law are involved, or the opponent is a trained prosecutor, some professional assistance or legal aid must be provided so that the right to defend oneself is meaningful.