Volume 1 Issue 3 March 2018 ISSN: 2456-9666 JUS IMPERATOR www.jusimperator.org Page 1 NATURAL JUSTICE AND FAIR HEARING By: - E.Hariharan ABSTRACT Whenever a person does a mistake or a crime, a reasonable opportunity has to be given to him so that he could show his intent or situation or any other reason that caused him to do. This opportunity may give positive or negative effect to the decision of the decider. An accused, who may be right to his name or wrong, will be struggling to prove his stand. The need for reasonable opportunity is upheld by the rule of fair hearing. The right of fair hearing all includes the right to notice, know the evidence against him, present case and evidence, cross examination, counsel. The essence of fair hearing comes from the principle of Natural Justice, which has been developed and followed by the judiciary in order to curb arbitrariness of the administrative authorities. Natural Justice implies fairness, reasonableness, equity and equality. Natural Justice, a common law concept, similar to the concept of “procedural due process”. In Roman law, Natural Justice consists of two essential concepts namely 1. AUDI ALTERAM PARTEM – the person who has to be effected by the decision, has a right to be heard. 2. NEMO JUDEX IN CAUSA SUA – the authority deciding the matter should be free from bias. The concept of fair hearing is completely based on the maxim “audi alteram partem”. It is the principle of the civilized jurisprudence that spoke about giving opportunity to the person accused, before any decision is taken against him. A person’s right to be heard is upheld by the Art 21 of the constitution that speaks about right to life and personal liberty. Based on various provisions of the constitution, fair hearing has sustained in India to provide justice to the people which is the main purpose of Judiciary.
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Volume 1 Issue 3 March 2018 ISSN: 2456-9666
JUS IMPERATOR www.jusimperator.org Page 1
NATURAL JUSTICE AND FAIR HEARING
By: - E.Hariharan
ABSTRACT
Whenever a person does a mistake or a crime, a reasonable opportunity has to be given to him so
that he could show his intent or situation or any other reason that caused him to do. This
opportunity may give positive or negative effect to the decision of the decider. An accused, who
may be right to his name or wrong, will be struggling to prove his stand. The need for reasonable
opportunity is upheld by the rule of fair hearing. The right of fair hearing all includes the right
to notice, know the evidence against him, present case and evidence, cross examination, counsel.
The essence of fair hearing comes from the principle of Natural Justice, which has been
developed and followed by the judiciary in order to curb arbitrariness of the administrative
a common law concept, similar to the concept of “procedural due process”.
In Roman law, Natural Justice consists of two essential concepts namely
1. AUDI ALTERAM PARTEM – the person who has to be effected by the decision, has a
right to be heard.
2. NEMO JUDEX IN CAUSA SUA – the authority deciding the matter should be free from
bias.
The concept of fair hearing is completely based on the maxim “audi alteram partem”. It is the
principle of the civilized jurisprudence that spoke about giving opportunity to the person
accused, before any decision is taken against him. A person’s right to be heard is upheld by the
Art 21 of the constitution that speaks about right to life and personal liberty. Based on various
provisions of the constitution, fair hearing has sustained in India to provide justice to the people
which is the main purpose of Judiciary.
Volume 1 Issue 3 March 2018 ISSN: 2456-9666
JUS IMPERATOR www.jusimperator.org Page 2
What is natural justice?
To look into the concept of fair hearing, it is necessary to know what is “Natural Justice”?
Rules of Natural Justice have developed with the growth of society and civilization. It is not
codified, that is, it does not trace its origin from any constitution. The principles of Natural
Justice can also be called as principle of fair play. It is not possible to give an absolute or precise
definition for Natural Justice.
It is said that the concept of Natural Justice is of very old origin and it was very well known to
the Greeks and Romans. Even the great emperor Ashoka showed great concern to the
administration of justice , and pardoned prisoners saying:
“It is my desire that there should be uniformity in law and uniformity in sentencing. I even go
this far, to grant a three-day stay for those in prison who have been tried and sentenced to death.
During this time their relatives can make appeals to have the prisoners' lives spared. If there is
none to appeal on their behalf, the prisoners can give gifts in order to make merit for the next
world, or observe fasts.”1
Similarly the Babylonian king Hammurabi wrote that, “A judge who reaches an incorrect
decision is to be fined and removed from the bench permanently.”2
Later the concept was furnished by Aristotle. His idea was to reasonable talk about the principles
of justice. Even though he was not against the monarch, he spoke for the inclusion of political
philosophy to reform the mode of justice.
In “Nicomachean Ethics”, Aristotle argued that law supports a virtuous existence, advances the
lives of individuals and promotes the “perfect community‟. He proposed people should employ
practical wisdom or active reason in order to behave in a way that is consistent with a virtuous
existence. Aristotle defined justice as a state of mind that encourages man to perform just
actions.3
1 https://en.wikipedia.org/wiki/Edicts_of_Ashoka last seen on 06.12.2017.
2 Prince, J. Dyneley (July 1904). "Review: The Code of Hammurabi". The American Journal of Theology. The
University of Chicago Press. 8 (3): 601–609. JSTOR 3153895. 3 Subhankar kundu, “ the concept of Natural Justice and its growth in India”, Academia research papers.