Principles of Natural justice by Palak Agarwal

Principles of Natural Law/Justice

The principles of natural justice are general principles of procedural law that is likely  to predate any other procedural there is in existence around the world. The words ‘natural justice is rarely used in any act, law, or statute. However each law, act and statutes inherently implies the need and necessity for applications of the principle of Natural Justice.
There are two principles of Natural Justice Audi Alteram Partem; and  Nemo in propria causa judex, esse debet,
Audi Alteram Partem -Audi Alteram Partem literally translates to listen to the other side. This principle essentially means that no case should be decided by listening to only one party, as far as possible. This rule requires that a person must be allowed the opportunity to present their case to the decision maker. However it does not mean that no case maybe decided by listening to only one side, if the other side does not wish to explain their position in the court, despite being summoned. To ensure that these rights are respected, the court or any other deciding authority must give both the opportunity to prepare and present evidence and to respond to arguments presenting by the opposite side.
Nemo in Propria Causa Judex, Esse Debet
-This second literally translates to ‘no one ought to be judge in his/her case. It is known as the rule against bias This is the basic requirement that the court or any other deciding authority must be unrelated to anyone or anything related to the parties and matter in question. They must be as unbiased as possible. when according the hearing or making the decision. The investigators must also act without bias in all procedures connected with the making of a decision
Nemo in Propria Causa Judex, Esse Debet is often expressed using many other synonymous phrases like:
Nemo judex in sua causa Nemo judex in causa sua
Nemo iudex in sua causa
Nemo iudex in causa sua
The idea of natural justice is not only that justice is done. The idea is that justice is also seen to be dong. A person shall only believe in the judicial system if he sees and believes that it dispenses justice ultimately, on approach. Therefore even where no actual bias or foul play exists, every authority interested i.e, the investigators and decision-makers must be careful to ensure that there is no appearance of such.
Staire Decisis
Stare decisis (Latin) can be literally translated into ‘to stand by things decided’. It means that is common law systems, the rule is that a principle or rule of law established in a case is binding on all subsequent cases with similar facts or issues.
There are two types of legal systems that dominate the world: Common Law and Civil Law.
The one major way they differ from each other is that in common law, most judicial decisions are binding on subsequent cases. Common Law system in followed in England and most countries that were imperialized by the British, including India.
In civil law, former judicial decision are not binding on any subsequent cases in most cases, the only thing binding on decisions in the adherence to the Statute involved. Civil Law, which is also known as Roman law, is applied through most of mainland Europe and South America, China, etc.
By Palak Agarwal at LexCliq

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