Natural justice & its exclusions

Group # 4
Institute of Administrative Sciences (PU)

 Muhammd Nadeem MHA-10
Hafiz Ali Raza Khan MMKT-18
Hafiz Muhammad Noman MMKT-04
Afzal Gill MMK-12
Azeem Abbas MMKT-07
Madeeha Arshad MMKT-13
Sana YaqoubAlvi MHA-20

 Legal justice
Refer to justice governed by law of
the state
 Natural justice
Refer to moral justice and is
governed by law of equity

 Underpinning philosophy:
 People are basically good
 Persons of good intent should not be harmed
 Treat others as you would like to be treated

 Important concept in administrative law
 Fundamental rules of justice breach of which
will prevent justice being seeing done.
 It’s a great humanizing principle intended to
invest law with fairness
 Implied mandatory requirements
 Its always apply, however silent a statue may
be

 Both side shal l be heard, or Audi
al teram par tem.
 No man shal l be judge in his own
cause.

 Two fundamental principles for a fair trial or valid decision:
 "nobody shall be a judge in his own cause",nemo iudex in
causa sua: invalidates any judgment where there is bias or
conflict of interest or duty; and
 "hear the other side", audi alteram partem: giving at least a
fair opportunity to present one's case (which may, for
example, require access to legal representation).

 The parties to a proceedings must have
due notice of when the court or tribunal
will proceed.
 The court or tribunal must act honestly
and impartially and not under the
dictation of other persons to whom
authority not given by the law.

Universal justice
The requirements of substantial justice
The natural sense of what is right and
wrong
Fundamental justice
Fair play in action
A duty to act fairly
Fair crack of the whip

Rule against bias
Right to be heard
Reasoned decisions

A) No man shall be a judge in his
own cause
An interest has been defined as a
legal interest and is to be distinguished
from favour. such an interest will disqualify
a judge. A mere general interest in the
general object to be perused will not
disqualify a magistrate.as the famous
saying goes – justice is not only being done
but should manifestly and undoubtedly be
seen to be done.

B) Hear the other side – Audi
Alteram Partem
 A person against whom an order to his
prejudice may be passed should be informed
of the charges against him .
 Such person should be given an opportunity
of submitting his explanation.
 Witness who are to give evidence against him
be examined in his persons with right to cross
examine them.
 To lead his own evidence both oral and
documentary , in his defence.

 Ingredients of fair hearing are:
 Notice
 Opportunity of Hearing.
 Notice
 Before an action is taken the affected party
must be given a notice to show cause against the
proposed action and seek his explanation.
 The notice should contain the time , place, and
the nature of hearing.
 the proposed action and the allegations against
the person should be made clear in the notice.

 Opportunity of Hearing
 The authority should give full opportunity to
the affected party to produce all the relevant
evidence in support of his case.
 The authority must disclose all evidence or
materials placed before it in the course of
proceedings.
 Any material or evidence adduced by one party
cannot be utilized against the other party
unless the opportunity to explain , criticize, or
rebut the evidence is given to the other party .

 Speaking order means an order which contains the
reasons for the decisions.
 Giving reasons in support of an order is considered to
be a third principle of natural justice.
 the main advantages of reasoned decision are-
 the party aggrieved will get an opportunity to raise a
contention before the appellate authority or revisional
court that the reasons which persuaded the authority
to reject the case is erroneous .
 It minimize chances of arbitrariness and ensures
fairness in the decision making process.
 It introduces clarity in the decisions .

 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 based substantially on natural
ideas and human values
 The administration of justice is to be freed from
the narrow and restricted considerations.

Natural justice is called in aid of legal
justice.
Notice is the first limb of the principles
of Audi Alteram Partem.
Notice should be apprise the party the
case he has to meet.
Adequate time should be given tom
make his representation.

 Proceedings should:
 Be fair to all parties
 Entitle each party to be heard
 Entitle each party to ask questions and contradict
the evidence of the opponent
 Ensure that justice has been seen to be done

 Decision makers should:
 Declare any personal interest in proceedings
 Be unbiased and act in good faith
 Not be one of the parties or have an interest in the
outcome
 Take into account relevant matters, and any
extenuating circumstances, and ignore the
irrelevant

Followings are the main barriers in the
developing of Pakistan:
1. Injustice
2. Lack of Education
3. Improper Utilization of Natural Resources
4. Unemployment
5. Lack of Leadership

 Injustice is a violation of a person’s rights.
 Injustice is like cancer. If it is not contained, it
spreads.
 If it is not treated it kills the human spirit

 Justice in PAKISTAN is only
for those who have the approach
and power over the LAW
 The system of providing justice in PAKISTAN
is very poor, slow and require a lot of efforts
to remove these drawbacks.

 Justice should not be provided
on the basis of approach and
Status etc.
 Justice should be provided
to the every person
with out discrimination and
in time because a very famous saying is
”Justice delayed is justice
denied”.

 Five principles of good regulation:
 transparent
 accountable
 proportionate
 consistent
 targeted – only at cases where action is needed
 Better Regulation Executive (BRE) - part of BIS

 Public interest
 Emergency
 Impracticability
 Legislative section
 Statutory exclusion

 (A) Civil Action for Declaration
 As has been stated above one who has an
immediate personal interest in the
 performance of a public duty may bring
following actions for a declaration as to the
 scope of that duty:-
 (B) Action for Mandatory Injunction.
 (C) Action for Specific Performance.
 (D) Action for Damages.
 (E) Action for Mandamus

 From what has been stated by me today, in
order to understand the concept of
 judicial review of the administrative actions and
for determination of its true scope and
 extent, the concept of jurisdiction, in its various
aspects, must be clearly understood.
 This is because the courts, exercising the power
of judicial review, are not only judges of
 the other statutory authorities jurisdiction, but
as an independent branch of the
 Government, namely, the Judiciary, are also the
judges of their own jurisdiction

Natural justice & its exclusions

Natural justice & its exclusions

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