FAIR HEARING AND THE PRINCIPLE OF NATURAL JUSTICE

 

Let’s learn latin today.

Last time, we gave you a brief and interesting introduction to fair hearing. In case you missed it, you can find it here.

We cannot talk about fair hearing without considering the principles of natural justice. The principles of natural justice are those rules which have been laid down by the courts as minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quaisi-judicial or administrative authority while making an order affecting those rights. In simple terms, these principles ensure that everyone brought before the court is treated fairly.

These principles have their roots in two Latin maxims: “Audi alteram partem” and “nemo judex in causa sua”.  Like I said, we will learn Latin today. So let’s find out what these maxims mean.

 

AUDI ALTERAM PARTEM (Rule of Fair Hearing):

This principle simply means that no man should be condemned unheard or that both sides must be heard before any order is passed. Every person must have a fair opportunity to answer the case brought against him/her. In some statutes, provisions are made to ensure that a notice is given to a person against whom an order is likely to be passed before a decision is made. 

There may be instances where, though an authority is vested with the power to pass orders which may affect the liberty or property of an individual, the statute vesting that authority with such power may not contain a provision for prior hearing. What is important to note, however, is that the applicability of the principles of natural justice is not dependent upon any statutory provision. The principle has to be mandatorily applied irrespective of whether there is any such statutory provision or not.

So, there are two points to note here: Notice and Hearing. A person must be informed about the case against him and must be given an opportunity to defend himself.

 

NEMO JUDEX IN CAUSA SUA (Rule Against Bias):

This principle means that no man shall be a judge in his own cause i.e. to say, the deciding authority must be impartial and without bias. It implies that no man can act as a judge for a cause in which he has some Interest, maybe pecuniary or otherwise. Lord Denning observed in, Metropolitan Properties Ltd. v. Lunnon, that “the reason is plain enough. Justice must be rooted in confidence and confidence is destroyed when right minded people go away thinking, the Judge was biased".

This principle is of great Importance. It ensures hearing or consideration of a matter by unbiased and impartial authority. 

 

The main objective behind the Principles of Natural Justice is to ensure fair procedure and individuals' natural right to be heard. All statutory provisions must be read, interpreted and applied in a way that is consistent with the principles of natural justice. so next time you think about fair hearing, remember Audi alteram patem and Nemo judex in causa sua.

Enjoy the rest of your week friends.