Relationship Between International Law and Municipal Law MIR.pdf
Law
1. Natural Justice and the Abuse of
Administrative Discretion
Administrative Law Project
2. Introduction
Today’s reality is based
on just one word that
‘s injustice.
Today we have many
protection laws but
indeed injustice is
the bitter reality of
the contemporary
world.
The law-making bodies
are continuously
indulged in making
new laws and
principles that not only
empower the people
but also protect their
rights.
3. Introduction
One prominent
effort of the law-
making bodies in
this regard is the
Principle of Natural
Justice.
This principle has not only
given the people the right to
raise the voice against
injustice, but also prove
their standing before the
court if they are entangled in
any legal issue.
4. Natural Justice
AUTHOUR
• Lord Evershed, in
Vionet V. Barrett
DEFINITION
“Natural Justice
is the natural
sense of what is
right and wrong.”
10. Principal
He should be given the opportunity to
present his case before the court.
He should be given the sufficient time
to prepare his case.
The order given by the court
should be a speaking one.
A prior notice should be served to the
person before the hearing. .
11. Case law
• Nagar Palika, Nataur
vs. U.P. Public Services
Tribunal, Lucknow,
1998 SCC (L&S) 567
12. RULES FOR AUDI
ALTERAM PARTEM
A prior notice should be served to
the person before the hearing.
He should be given the opportunity
to present his case before the court.
He should be given the sufficient
time to prepare his case.
The order given by the court should
be a speaking one.
13. NEMO JUDEX IN PARTE SUA
Nemo Judex in Parte
Sua is a Latin Maxim.
It means that no
person should be the
judge in his own
case.
The basic purpose of this
principle of natural justice is
to prevent the mala fides
and biases, whether imputed
or apparent.
15. History
Like audi alteram partem, nemo judex in parte sua
is also an important part to many legal systems.
It became an integral part of the English common
law as a result of the case law
“Frome United Breweries
C Co. v Bath”
17. RULES
Inquiries against the judge
Observation of neutral and impartial
behavior of the judge
Esurance that the judge is pococurante
to both the parties.
The verdict given by the judge should
not only be verbal but its
implementation should also be visible.
18. Rules of Natural
Justice
They safeguard the rights of
the individuals and make
sure that no injustice is
done to anyone.
19. They can also
be overlooked
in case of
confidential
inquiries.
They can be
disregarded
when no rights of
the individuals
are being
infringed
They can be
ignored in the
circumstances,
where it is not
possible to
conduct a
hearing.
Derogation
20. According to Phillip Cooper:
“the powers of an administrator to make
significant decisions that have the force of law,
directly or indirectly, and that are not
specifically mandated by the Constitution,
statutes, or other sources of black letter law”.
Administrative Discretion
23. Need
• Where legal procedures are not being
followed
• reduces the burden n the judicial system
• for the better functioning of administrative
body
24. Abuse of
Administrative
Discretion
The administrative
authority is given
autonomy to
exercise its powers
and perform its
tasks and the
powers vested could
be infringed in case of;
Failure of
administration to
exercise the power
conferred.
Incorrect exercise of
power by giving biased
decisions, not
following the statutory
clauses or giving
irrelevant judgments
or taking into account
the irrelevant
considerations.
25. Approaches to Abuse of Administrative
Discretion
Mala
Fide
Improper
Purpose
Irrelevant
Considerations No Material
27. Natural justice and the Abuse of
Administrative Discretion:
The abuse of administrative discretion is completely
opposite to the concept of natural justice. It takes
away an individual right to true and fair judgment
whereas, natural justice grants right to justice and
fairness.
