FAIRNESS PROBABILITY AS A RATIONALE FOR THE USE OF PRINCIPLES OF NATURAL JUSTICE

Abstract

History reflects that human beings do not want arbitrary governments or whimsical administration. The same can be ensured by means of entrenchment of ‘rule of law’ and practices of good governance in our societies. Good governance has been emphasised by the United Nations system and it includes in it the component of fairness in administration. The concept of ‘principles of natural justice’ (PNJ) and its application in Justice delivery system is ancient as it is believed to be as old as the system of dispensation of justice itself. PNJ assure fairness in government actions as well as fairness in the process of administration of justice. The ‘principles of natural justice’ have become visible from the need of man to get protected from the excesses of organized power and in fact they act as the essential component of decision making by ensuring a strong safeguard  against  any  Judicial  or  administrative order or action which  adversely  affects  the substantive rights of the individuals. The expression ‘natural’ in ‘principles of natural justice’ represents universally accepted principles that are to be followed everywhere. This would mean that the PNJ are an aspect of human rights, social control and social integration. Therefore, these principles must be respected by both the substantive and procedural normative standards existing at the national and international levels. Importantly, it must be remembered that in a welfare State like India, the competence, contributory role and jurisdiction of administrative authorities is getting proliferated. In circumstances like these, the concept of ‘rule of law’ and justice would fail its respect and purpose if the administrative authorities as well as instrumentalities and agencies of the government are not obligated to act in a fair and just manner. In view of this, it becomes important to inquire into the rationale for the universalness or need and application of the PNJ. Accordingly, this article aims to identify probability as the rationale for the use of PNJ.