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Principles of Natural Justice: Just how important are they?
The principles of Natural Justice are considered the underlying pillars of any legal process, litigation proceeding, inquiries, investigations etc. They have gained a unique place in the legal profession, and are applied to a myriad of scenarios, institutions and proceedings.
The principles are:-
Audi Alteram Partem:- This principle translates to ‘ no one shall be left unheard’. This forms one of the basic requirements of any just legal process. Every party must be given a chance to lay down their case, present evidence, refute evidence, argue, reason and justify in front of a legitimate authority before any sanction is placed on that person. In litigation proceedings, the accuser must be afforded ample opportunity to present evidence and lay out their case. Similarly, the accused must be given the opportunity to defend himself, provide counter evidence and challenge the claims of the accuser. No decision which was arrived at without due consideration of the opportunity given to each party to contend their case, can be considered as just.
Nemo judex in causa sua:- This principle means ‘no one can be a judge in their own case’. This principle applies to scenarios where the judge or the adjudicator has some personal stake attached to the case in question, is sympathetic to one party or side, or is directly affected by the case at hand. This is done to ensure that there is no bias in the final decision and judgements are made from neutral standpoints. This principle recently came in question as Chief Justice SA Bobde made himself a part of a panel which was instituted to judge his own sexual harassment case, and grossly violated this principle, that too, at the apex level of the Indian legal structure.
In India, the courts have repeatedly applied these principles in deciding cases and regularly use them as safeguards. These principles are echoed in our fundamental rights as well. Article 14, which guarantees equality before the law and equal protection under law, enshrines the maxim of Nemo Judex and Article 21, which protects the indivduals Right to Life and Liberty, guarantees Audi Alteram Partem to every citizen in India
What is important to understand about these principles is that they aren’t just applied to legal proceedings in court, but also to internal inquiries, departmental proceedings, investigations, alternate dispute resolution proceedings as well as in private firms in matters of employment. These principles are not just part of the legal profession but pervade into every one of our societal systems.
It is important to recognize that these legal principles do not exist in a vacuum. As is with all legal maxims, they initially began as norms, mores, rules and regulations within societies and gradually formalized, were transcribed and incorporated into written legislatures. The Principles of Natural Justice are a distillation of hundreds of years of wisdom and legal expertise in the common law as well as the civil law tradition, and thus, it is imperative that they are followed in totality and without exception.
