Principles of Natural Justice and Judicial Responsein India : An Analysis

It is believed that the origin of the Natural
Justice came from the concept of Natural Law
during the Greeks period. According to the
Natural Law theory, nature provides a certain
order from which the human beings can set
standard for their conduct with the help of the
reason. Based on such a primitive theory, it
was even known to people in the ancient times
such as Greeks and Romans. The standard these
principles provide is that there should be the
right to fair hearing and absence of biasness to
the individuals in the decision making process.1
The two basic principles of natural justice
are –

  1. Nemo judex in causa sua :
    No one should be a judge in his own cause or
    Rule against Bias2 :
    The requirement of the principle is that the
    decision-maker should be opened to persuasion
    but don’t require that he/she must be with a blank
    mind.3 Biasness may be financial/pecuniary or
    personal one.
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