CANON OF PRINCIPLE OF NATURAL JUSTICE

PRESENT REFERENCE- B-5/C/25 Feb
SERIES- B-5/07 FEB

BACK REFERENCE B-5/b/25 Feb

The courts has been subjecting the contracts to JUDICIAL REVIEWS more and more to assess the reasonableness of terms & conditions of contracts as well as to assess the legality of examption clauses as brought out earlier. The courts have not been hesitant to pronounce a contract void on legal grounds or repungent to the principle of fairness therefore it becomes all the more important to analyse the canons of fairness.These are as under-

a) No man should be judge in his own cause.

b)No man should be judged without a hearing.

c)Every judge should be free from bias.

d) A court should sit in public.

e)The reasons should be given for decisions.

f) The decisions should be based on evidence of probative value.

g) The defendants are entitiled to legal representations.


The above rules can be summarized as that" justice must not only be done but be seen to be done."The concept of principle of natural justice varies in its requirements as the views of society change.Now have a look on the following judgements-

a) Lord Esher M R defined natural justice as the natural sense of what is right or wrong. Year 1885

b) In 19 th century, Lord Campbell C J defined the right of support which a landowner enjoys against his neighbour for his land , unencumbered by buildings ascribed to natural justice.

c) In this century natural justice has been invoked in discussions of parental rights arising from guardianship by nature and nurture. Year 1931

d) In the house of lords natural justice in the wide sense has been used by Lord Pearce in cases involving the right of crown to destroy property in war time. Year 1965

e) Lord Denning M R described the taking advantage of ones own wrong to acquire the title to land as contrary to equity and natural justice. Year 1975

Thus we find that the concept of natural justice not only varies with time span but also in a given time it varies from case to case. The decision of Justice Kerr J in a case in 1975 is relevant to quote here " there cannot be a technical breach of the rules of natural justice since that concept relates to matters of subatance, not tecnalities." In the modern world the international tribunals have recognized them as " general principles of law common to civilised communities." They are enshrined in Article 10 of the Universal Declaration of Human Rights, Article 14 of the International Convenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights.

Lord Reid in a judgement in 1971 have noted that " it is now well recognized that the court has power to expand procedure laid down by statute if that is necessary to prevent infringement of natural justice and is not plainly contrary to the intention of parliament." The scope of application of principle of natural justice has very vast and universal application and the judiciary is not only well aware of this but is cautious to the probable misuse of this principle. Take a view of the cautionary note recorded by Lord Megarry J in a case in 1971-
"the principles of natural justice are of wide application and great importance but they must be confined within proper limits and not allowed to run wild."

To be continued