Natural Justice

Question 1

What is PNJ?

Answer 1

1. According to Lord Esher, it is the Natural sense of what is right and what is wrong
2. PNJ invests law with fairness to secure justice and to prevent miscarriage of justice.
   3.

Question 2

PNJ in the Constitution

Answer 2

In Art 21 after the introduction of substantive and procedural due process, in Art 14 to prevent a claim of arbitrariness, in Art 22 to provide for procedure for arrest and detention of person, Art 311(2) to ensure that no person is dismissed or removed or reduced in rank except after inquiry etc.

Question 3

Two types of PNJs

Answer 3

Right for fair hearing, Right against bias

Question 4

Audi Alteram Partem. What are the components of a fair hearing

Answer 4

Right to Notice
Right to Appearance
Right to know adverse evidence
Right to present case
Right to present evidence
Right that evidence shall not be collected at his back
Right to rebut adverse evidence
Right to report of enquiry
Right to speaking order

Question 5

S. L. Kapoor v. Jagmohan & Others

Question 6

Right to notice

Answer 6

Contents of a notice are
Time place and nature of hearing
Legal Authority under which the hearing is held
Statement of specific charges

Question 7

Keshav Mills Co. Ltd. v. Union of India

Question 8

Dhakeshwari Cotton Mills Ltd. v. CIT

Question 9

Right to know adverse evidence

Answer 9

Evidence to be used against a person must be brought to his notice.
It need not be original documents - Summary
of the contents is sufficient.
There is a right to inspect & take note.

Question 10

Right to present case When is oral hearing required?

Answer 10

Reasonable opportunity to present the case can be through either medium: written/oral. Oral hearing is not an
integral part of fair hearing. The Effective defence test here is whether the case involves complex legal & technical
questions, in which case oral presentation is preferred

Question 11

Case for Right That Evidence Shall Not Be Collected At His Back

Answer 11

Errington v. Minister of Health

Question 12

Where legal representation is prohibited and restricted by the parent act, where will PNJ require it?

Answer 12

1. Where the person is illiterate.
2. Where the matter is very complicated and technical in nature.
3. Where the expert evidence is on record.
4. Where the matter is predominantly based on a question of law.
5. Where the person is facing a trained prosecutor.

Question 13

Are reasoned decisions a constitutional imperative?

Answer 13

It was held that any law which allows any administrative authority to take a
decision affecting the rights of the people without assigning any reason cannot be accepted as laying down a
procedure which is fair, just and reasonable, and hence would be violative of Articles 14 and 21