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
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Thus administrative law applies to hearings before quasi-judicial organizations or administrative tribunals that supplement the rules of natural justice with their own detailed rules of procedure. Administrative law finds significance from the fact that with time more government agencies were created by legislative bodies to mainly regulate and oversee the extremely intricate interchange of economic, social and political laws. Hence in administrating the functions and powers of the various governmental organs we see the dominance of the social welfare state over the laissez faire activities of the…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 .

Discretionary powers- Discretionary powers are subject to control and fair hearing before the decision-making bodies and they may act as a control mechanism on the decision-making powers. However, the court held in Sadhu Singh v. Delhi Administration that action may comprise of dominant element, such as, a major administrative policy, economic or any threat to the community which may negate the idea of fair hearing .
Supercession of Statutory bodies and Municipal Corporations- The principle of natural justice must be observed when the government suspends bodies, such as panchayats , or when it appoints an administrator for a registered society in public interest . The government will also allow natural justice when it decides to supercedes a municipal

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