The Bedrock of Fairness: Principles of Natural Justice in Legal Adjudication

Authors

  • Mohua Singh Company Secretary, Member of Institute of Company Secretaries of India Author

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Keywords:

Principles of Natural Justice, Fairness, Transparency, Due Process, Exceptions

Abstract

This article examines the Principles of Natural Justice, highlighting their fundamental role in ensuring fairness, transparency, and due process in the administration of justice. The honourable Supreme Court’s position on Natural Justice as elaborated in the Canara Bank Vs. Debasis Das’s case underlines its role in liberating the administration of justice from narrow consideration and linguistic technicalities.

The article emphasizes the centrality of two core principles – Nemo Judex in Causa Sua and Audi Alteram Partem. Bias and its type are explored in detail. It also delves into essential components of Audi Alteram Partem, highlighting their significance in upholding fairness. Exceptions to the Principles of Natural Justice, such as legislative work, emergencies, statutory exclusion, academic adjudication, public interest, and confidentiality, are presented to delineate circumstances where fairness may be excluded.

Ultimately, the article underscores the significance of natural justice in upholding the rule of law, preventing arbitrariness, and protecting individual rights.

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Published

15-01-2024

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Copyright © 2025 by Mohua Singh

The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.

How to Cite

Mohua Singh. “The Bedrock of Fairness: Principles of Natural Justice in Legal Adjudication”. Journal of Legal Studies & Research, vol. 10, no. 1, Jan. 2024, pp. 58-72, https://journal.thelawbrigade.com/jlsr/article/view/1679.

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