“No man shall be a judge in his own cause” The rule against biased is based on maxims In the widest term, any interest, motive or influence which, in the opinion of the court, may impair the ‘objectiveness of a decision’- or, what is equally important, may have appearance of so doing –will invalidate a judicial and quasi-judicial determination . Hence the word has come to mean prejudice, show of favor or disfavor antagonism, spite, hostility, prepossession that sways the mind. The English term ‘bias’ has reference to the game of bowls wherein it means the weight on one side of a bowl, which gives it a tendency to diverge from straight line when running . The word ‘bias’ as a noun is derived from the French word, biais meaning oblique as opposed to straight. No man should be condemned unheard, or that there must be fairness on the part of the deciding authority. This would mean that the deciding authority must be impartial and without bias.Īudi alteram partem: hear the other side, or both the sides must be heard. Nemo debet esse judex in propria causa: no man shall be a judge in his own cause. The application of the doctrine depends upon the nature of the jurisdiction conferred on the administrative authority, upon the character of the rights of the persons affected, the scheme and policy of the statute and other relevant circumstances disclosed in the particular case.”Įnglish law recognizes two principles of natural justice :

for the Supreme Court observed: “the extent and application of the doctrine of natural justice cannot be imprisoned within the straight-jacket of a rigid formula.

In India similarly there is no statute laying down the minimum procedure which administrative agencies must follow while exercising decision-making powers . I do not think that there really is anything more.” (emphasis supplied) Kinemetograph Renters Society Ltd said that, “what, then, are the requirements of natural justice in a case of this kind? First, I think that the person accused should know the nature of the accusation made secondly, that he should be given an opportunity to state his case and thirdly, of course, the tribunal should act in good faith. Thus it could be further inferred that natural justice is all about fairness, reasonableness, equity and equality. Justice is substantially based on natural ideas and values which are universal in nature. Such principles are not codified in books and into formulas they are just embedded in the conscience of man. For example, if a man killed his father for the property for himself, he cannot be pardoned. Like, it is a known to human conscience that a man cannot get benefit from his own wrong. But they are just part of the human ethnics. These principles are not limited to formulas, they are not codified. Natural justice is another name for commonsensical justice. With the advancement of the civilization our lives have started to be more dominated by rule of law, rather than law of nature.

Principle of natural justice is not a new age defined term but it has been part of our civilization for a long time now. ‘Natural justice’ has meant many things to many writers, lawyers, jurist and systems of law. The rule against bias has evolved from the principle of natural justice. by Lord Chief Justice Hewart in R v Sussex Justices, Ex parte McCarthy “Justice should not only be done, but also manifestly and undoubtedly seen to be done.” Share this: Facebook Twitter Reddit LinkedIn WhatsApp

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