Natural Justice and Biasness

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Mats law school

Administrative law project

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Natural justice and biasness

EFAF ALI
* BBA LLB (Honours)
* 2ND Year
* 4TH Semester

2013
Vasundhara kamath
1/5/2013

Index
1. Acknowledgement
2. Index
3. Introduction
4. The Principle and essential elements of Natural Justice 5. Rule against bias
6. Audi Alteram Partem or Rule Of Fair Hearing
7. Requirement of Cross examination
8. Right of a legal Representation
9. Requirement Of Passing A Speaking or Reasoned Order 10. Enquiry Report to Be ShownTo The Other Party
11. Conclusion

Acknowledgement
I feel highly elated to work on this dynamic and highly important topic that is “Natural Justice and Biasness”. This topic instantly drew my attention and attracted me to research on it. So, I hope I have tried my level best to bring in new ideas and thoughts regarding the basics of this topic. Not to forget the deep sense of regard and gratitude to my faculty adviser, Miss Vasudhara Kamath, who played the role of a protagonist. Last but not the least; I thank all the members of the MATS Law School and all others who have helped me in making this project a success.

INTRODUCTION
Natural justice- In English law, natural justice is technical terminology for the rule against bias i.e nemo iudex in causa sua and the right to a fair hearing i.e audi alteram partem. While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias or apparent bias. Actual bias is very difficult to prove in practice while imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly.

The right to a fair hearing requires that individuals should not be penalized by decisions affecting their rights or legitimate expectations unless they have been given prior notice of the case, a fair opportunity to answer it, and the opportunity to present their own case. The mere fact that a decision affects rights or interests is sufficient to subject the decision to the procedures required by natural justice. Although natural justice has an impressive ancestry and is said to express the close relationship between the common law and moral principles, the use of the term today is not to be confused with the "natural law" of the Canonists, the mediaeval philosophers' visions of an "ideal pattern of society" or the "natural rights" philosophy of the 18th century. While the term natural justice is often retained as a general concept, in jurisdictions such as Australia and the United Kingdom it has largely been replaced and extended by the more general "duty to act fairly". Natural justice is identified with the two constituents of a fair hearing, which are the rule against bias i.e nemo iudex in causa sua, or "no man a judge in his own cause", and the right to a fair hearing i.e audi alteram partem, or "hear the other side" In India there is no statute laying down the minimum procedure which administrative agencies must follow while exercising decision-making powers. This minimum fair procedure refers to the principles of natural justice

Natural justice is a concept of common law and represents higher procedural principles developed by the courts, which every judicial, quasi-judicial and administrative agency must follow...
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