That Man, who has thoroughly examined the Nature and Disposition of Mankind, may plainly understand what the Law Natural is, the Necessity thereof, and which are the Precepts it proposes and enjoyns to Mankind. For, as it much conduces to him who would know exactly the Polity of any Community, that he first well understand the Condition thereof, and the Manners and Humours of the Members who constitute it: So to him who has well studied the common Nature and Condition of Man, it will be easie to discover those Laws which are necessary for the Safety and common Benefit of Mankind.
If justice be not a natural principle, then there is no such thing as injustice; and all the crimes of which the world has been the scene, have been no crimes at all; but only simple events, like the falling of the rain, or the setting of the sun; events of which the victims had no more reason to complain than they had to complain of the running of the streams, or the growth of vegetation.
It is well established that rules of natural justice are not rigid rules, they are flexible and their application depends upon the setting and the background of statutory provision, nature of the right which may be affected and the consequences which may entail, its application depends upon the facts and circumstances of each case.
SACHINDRA KUMAR SWAIN Vs. THE STATE OF ORISSA – Natural justice is riot a static concept. It is part of a judicial vocabulary in the administration of justice. It is not “extra legal”, though, it may be “extra legislative”. It is recognised as a guiding factor in administrative law, and forms the constitutional basis for judicial scrutiny of legislative and executive actions. It is the sense of justice that represents the ethics of judicial conscience. Rules of natural justice are not embodied; and their aim is to secure justice or to prevent miscarriage of justice.
He who acts in an arbitrary manner never attain even happiness: Injunction by Lord Krishna affirmed by Orissa HC
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Keynotes : the person affected must have reasonable opportunity of being heard and the hearing must be a genuine hearing and not an empty public relations exercise. Bidhannagar (Salt Lake) Welfare Vs Central […]