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    Question

    Which of the following is not a principle of Natural

    Justice?
    A No man shall be a judge in his own cause Correct Answer Incorrect Answer
    B No one should be condemned unheard Correct Answer Incorrect Answer
    C Reasoned decision Correct Answer Incorrect Answer
    D Justice should be done need not be seen to be done Correct Answer Incorrect Answer
    E All of the above are principles of natural justice Correct Answer Incorrect Answer

    Solution

    Natural Justice recognizes three principles: (i) Nemo debet essc judex in propria causa. (ii) Audi alterem partem, and (iii) Speaking orders or reasoned decisions. Nemo debet essc judex in propria causa-The first principle of impartiality roughly translated into English means nobody shall be a judge in his own cause or in a cause in which he is interested. This principle is more popularly known as the Doctrine of Bias. That is the authority sitting in judgment should be impartial and act without bias. To instill confidence in the system, justice should not merely be done but seen to be done Audi alterem partem - The second principle of natural justice literally means ―to hear the other side‖. This is necessary for providing a fair hearing and no doubt the rule against bias would also be a part of the procedure. A corollary has been deduced from the above two rules and particularly the audi alteram partem rule, namely ‗qui aliquid statuerit parte inaudita alteram actquam licet dixerit, haud acquum facerit‘ that is, ‗he who shall decide anything without the other side having been heard, although he may have said what is right, will not have been what is right‘ or in other words, as it is now expressed, ‗justice should not only be done but should manifestly be seen to be done‘. Issuance of Speaking Orders or Reasoned Decision - The third aspect of natural justice requires speaking orders or reasoned decisions. It is now universally recognized that giving reasons for a certain decision is one of the fundamentals of good administration and a safeguard against arbitrariness. The refusal to give reasons may excite the suspicion that there are probably no good reasons to support the decision. Hence reasons are useful as they may reveal an error of law, the grounds for an appeal or simply remove what might otherwise be a lingering sense of injustice on the part of the unsuccessful party.

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