Natural Justice
1
PRINCIPLES OF NATURAL JUSTICE
Lecture delivered by Justice T.S.Sivagnanam
at Tamil Nadu State Judicial Academy on 01.06.2009 to the newly recruited Civil Judges (JR Division) during Induction Programme 2009 All of you who have assembled here have been newly Inducted in to the Judicial Family. There lies an onerous responsibility on each one of you to carry forward your office with dignity and decorum. The post of Civil Judge Junior Division is the foundation of our Judicial Structure. It is common knowledge that unless the foundation is strong and firm, one cannot raise a tall edifice on it. The Subordinate Judiciary is the root of our Judicial system and each one of you should strive hard to inspire confidence in the society that they would get Justice. With these words let me proceed to the topic for the day. The Judicial Academy has classified the subject allotted under the head - General Topics. Though I may not strictly agree with such classification, it is to be noted that though the topic would appear to be general in nature, its roots are deeply embedded and its forms the basis for administration of Justice which is so essential to preserve social order and security. I am aware of the nature of litigation which would be assigned to a Civil Judge Junior Division and it is all the more essential that all of you observe the principle in both your Judicial as well as your Administrative work. For the sake of convenience I propose to analyze the topic – Principle of Natural Justice under the following heads. 1. The Principle and its essential elements 2. How the name came ? 3. How it developed over the years ? 4. How and where it has to be applied ?
2 1. The Principle and essential elements of Natural Justice: In a famous English decision in Abbott vs. Sullivan reported in (1952) 1 K.B.189 at 195 it is stated that “the Principles of Natural Justice are easy to proclaim, but their precise extent is far less easy to define”. It has been stated that
PRINCIPLES OF NATURAL JUSTICE
Lecture delivered by Justice T.S.Sivagnanam
at Tamil Nadu State Judicial Academy on 01.06.2009 to the newly recruited Civil Judges (JR Division) during Induction Programme 2009 All of you who have assembled here have been newly Inducted in to the Judicial Family. There lies an onerous responsibility on each one of you to carry forward your office with dignity and decorum. The post of Civil Judge Junior Division is the foundation of our Judicial Structure. It is common knowledge that unless the foundation is strong and firm, one cannot raise a tall edifice on it. The Subordinate Judiciary is the root of our Judicial system and each one of you should strive hard to inspire confidence in the society that they would get Justice. With these words let me proceed to the topic for the day. The Judicial Academy has classified the subject allotted under the head - General Topics. Though I may not strictly agree with such classification, it is to be noted that though the topic would appear to be general in nature, its roots are deeply embedded and its forms the basis for administration of Justice which is so essential to preserve social order and security. I am aware of the nature of litigation which would be assigned to a Civil Judge Junior Division and it is all the more essential that all of you observe the principle in both your Judicial as well as your Administrative work. For the sake of convenience I propose to analyze the topic – Principle of Natural Justice under the following heads. 1. The Principle and its essential elements 2. How the name came ? 3. How it developed over the years ? 4. How and where it has to be applied ?
2 1. The Principle and essential elements of Natural Justice: In a famous English decision in Abbott vs. Sullivan reported in (1952) 1 K.B.189 at 195 it is stated that “the Principles of Natural Justice are easy to proclaim, but their precise extent is far less easy to define”. It has been stated that