Principles of Natural justice & Rule of Law

 

Rule of Law may be defined as a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.

In Indian Constitution, Rule of Law has been adopted under the Preamble where the ideals of justice, liberty and equality are enshrined. The Constitution has been made the supreme law of the country and other laws are required to be in conformity with the Constitution. Nonetheless, the courts have the onus to declare any law invalid, which is found in violation of any provision of the Constitution.

Principles of natural justice are firmly grounded in Articles 14 and 21 of the Constitution. The two basic principles of natural justice are – Nemo judex in causa sua – No one should be made a judge in his own cause or – Rule against Bias

Natural Justice is another name of commonsense Justice.Rules of Natural Justice are not codified canons but they are principles ingrained into the conscience of man.  Natural Justice is the administration of Justice in a commonsense liberal way. Justice is based substantially on natural Justice is based substantially on natural • ideals and human values. The administration of Justice is to be freed from the narrow and restricted  considerations which are usually associated with a formulated law involving linguistic • technicalities and grammatical niceties. • ?It is the substance of Justice which has to determine its form.

The expressions “Natural Justice” and “Legal Justice” do not present a water tight classification.  It is the substance of Justice which is to be secured by both and when ever legal .Justice fails to achieve this solemn purpose, natural Justice is called in aid of legal .Natural Justice relieves legal Justice from unnecessary technicality, grammatical  pedantry or logical prevarication. It supplies the omissions of a formulated law.

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