Skip to main content

The Concept of Principles of Natural Justice

Principles of Natural Justice refer to fundamental legal principles that ensure fairness in legal proceedings and decision-making processes. These principles are rooted in ensuring that decisions are made in a just and unbiased manner.

Following are the Key Principals :

1. Audi Alteram Partem (Right to Be Heard) Explanation: This principle ensures that both parties involved in a case have the opportunity to present their side before any decision is made. Affected persons must be informed of the allegations against them and given a chance to defend themselves.

2. Nemo Judex in Causa Sua (Rule Against Bias) Explanation: This principle requires the decision- maker to be impartial and free from any personal interest in the outcome of the case.

3. Notice Explanation: Adequate notice of the charges, hearing dates, and the consequences must be given to the person concerned. It allows them to prepare for the hearing.

4. Reasoned Decision Explanation: The authority must provide a clear, reasoned decision. A mere pronouncement without explaining the rationale is insufficient. The decision must mention the key issues, findings, and reasoning.

5. Right to Present Evidence Explanation: The person affected should be allowed to present evidence in their defense. This includes both documentary and oral evidence.

6. Cross-Examination Explanation: The affected party must have the opportunity to cross-examine witnesses or challenge the evidence presented against them.

7. Decision Based on Evidence Explanation: Decisions must be based on relevant evidence presented during the hearing. Authorities cannot rely on assumptions, extraneous materials, or personal knowledge to make their decision.

8. Rule of Fairness Explanation: Fairness is the overarching principle governing natural justice. Even if all procedural aspects are followed, if the overall process is not fair, the decision can be challenged.

9. Right to Appeal Explanation: A person affected by a decision should have the right to challenge it before a higher or appellate authority. This right ensures that any errors or biases in the initial decision can be rectified.

10. Institutional Bias Explanation: The decision-making body must not have any institutional interest in the outcome of the proceedings. If the institution itself stands to gain from the outcome, it cannot be an impartial decision-maker.

Comments

Popular posts from this blog

Posh in Higher Education Institutions in India

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment. The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation. A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022. It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role...

The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) Relationship

The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) dealing with sexual harassment serve different purposes and have different legal frameworks. Here's a comparative overview of the two: 1. Purpose and Scope: • POSH Act 2013: This Act is specifically designed to address and prevent sexual harassment at workplaces. It defines sexual harassment, mandates the establishment of Internal Complaints Committees (ICCs) in organizations, and provides a structured process for filing and resolving complaints within the workplace. • IPC Sections on Sexual Harassment: The IPC contains various sections that deal with sexual offenses, but they are not specific to workplace harassment. These sections cover a wider range of sexual offenses, including rape (Section 375), outraging the modesty of a woman (Section 354), and others. These sections are applicable in general, non-workplace settings. 2. Applicability: • POSH Act 2013: Appl...

Redefining Boundaries: The Impact of Remote Work on POSH Implementation.

The global shift towards remote and hybrid work models, accelerated by the COVID-19 pandemic, has fundamentally altered the landscape of workplace interactions. This transformation has inevitably affected the implementation of the Prevention of Sexual Harassment ( POSH ) Act in India. As the lines between professional and personal spaces blur in virtual environments, organizations face new challenges in ensuring compliance with POSH guidelines and maintaining safe, respectful work cultures. The Changing Nature of Workplace Harassment in Remote Settings New Forms of Harassment The virtual workplace has given rise to novel forms of harassment: 1. Cyber Sexual Harassment: Inappropriate messages, images, or videos shared through digital platforms. 2. Virtual Stalking: Excessive monitoring or unwanted attention through online channels. 3. Zoom-bombing: Intrusion into video calls with offensive content or behavior. 4. Inappropriate Virtual Backgrounds: Use of suggestive or offensive ...