Essay On Principles Of Natural Justice

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INTRODUCTION

Without any access to be enforced and determined, the rights and obligations of the members of a civilized society are meaningless. While Substantive laws determine the rights and obligations of the members of the society, procedural laws prescribe the procedure for their enforcement. There is no dispute that the principles of natural justice are binding on all the courts, judicial bodies and quasi-judicial authorities. In understanding the application of natural justice in different aspects of law, it is crucial we understand what natural justice entails and whether these principles are applicable to administrative authorities. Through the course of this project, the author will observe how the principles of natural justice are applicable in administrative law.

CONCEPT OF NATURAL JUSTICE

It is an impossible task to precisely conceptualize natural justice. It is a topic that closely deals with the area of ethics and is based on the fact that a good intentioned person should not be put in harm’s way, and one should treat others as one would like to be treated. Natural justice includes those principles that deal with fair procedures, the right to be given a fair hearing, the right to be heard by an unbiased authority, and the right for any decision to be …show more content…

Although the power of search may not take into consideration the natural justice, the power of seizure cannot afford to ignore natural justice. Similarly, the power of confiscation cannot be exercised without the affected party being given an opportunity of being heard as was stated by the court in Assistant Collector of Customs and Superintendent, Preventive Service Customs, Calcutta v. Charan Das Malhotra

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