Political Obligation Synopsis

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NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

SEMESTER III

POLITICAL OBLIGATION

PROJECT SYNOPSIS

Theory of Natural Justice

SUBMITTED BY: SUBMITTED TO:

SRAJAN TYAGI DR. RAKA


ARYA
(2019BALLB107)
INTRODUCTION

The principle of natural justice is a very old concept and it originated at an early age. The
people of Greek and roman were also familiar with this concept. In the days of Kautilya,
arthashastra and Adam were acknowledged the concept of natural justice. According to the
Bible, in the case of Eve and Adam, when they ate the fruit of knowledge, they were
forbidden by the god. Before giving the sentence, eve was given a fair chance to defend
himself and the same process was followed in the case of Adam too.
Later on, the concept of natural justice was accepted by the English jurist. The word natural
justice is derived from the Roman word ‘jus-naturale’ and ‘lex-naturale’ which planned the
principles of natural justice, natural law and equity.
“Natural justice is a sense of what is wrong and what is right.”
Principle of Natural Justice is derived from the word ‘Jus Natural’ of the Roman law and it
is closely related to Common law and moral principles but is not codified. It is a law of
nature which is not derived from any statute or constitution. The principle of natural justice is
adhered to by all the citizens of civilised State with Supreme importance. In the ancient days
of fair practice, at the time when industrial areas ruled with a harsh and rigid law to hire and
fire, the Supreme court gave its command with the passage of duration and establishment of
social, justice and economy statutory protection for the workmen.
Natural justice simply means to make a sensible and reasonable decision-making procedure
on a particular issue. Sometimes, it doesn’t matter what is the reasonable decision but, in the
end, what matters is the procedure and who all are engaged in taking the reasonable decision.
It is not restricted within the concept of ‘fairness’ it has different colours and shades which
vary from the context.
Basically, natural justice consists of 3 rules.
The first one is “Hearing rule” which states that the person or party who is affected by the
decision made by the panel of expert members should be given a fair opportunity to express
his point of view to defend himself.
Secondly, “Bias rule” generally expresses that panel of expert should be biased free while
taking the decision. The decision should be given in a free and fair manner which can fulfil
the rule of natural justice.
And thirdly, “Reasoned Decision” which states that order, decision or judgement of the court
given by the Presiding authorities with a valid and reasonable ground.

METHOD OF STUDY

The research method used is the doctrinal research method.

OBJECTIVES

The objectives of the current project are:

1. To understand the theory of Natural Justice.


2. To study and all the principles, it entails.
3. To study its development and evolution.
4. To study and analyse the current position of the theory.

STATEMENT OF PROBLEM

How do political obligation and Natural Justice connect?

HYPOTHESIS:

Political obligation and Natural justice are two very different concepts and they do not
coincide.

REVIEW OF LITERATURE

1. POLITICAL OBLIGATION AND NATURAL DUTIES OF JUSTICE by


GEORGE KLOSKO

This research paper analysis both the concepts side by side and also gives in detail
hoe the coincide and intertwine.

2. A THEORY ON NATURAL JUSTICE by VITTORIO FROSINI

This research paper explains the theory of natural justice and how it evolved
according to the interpretations of various writers and interpreters.
3. MULTIPLE PRINCIPLES OF POLITICAL OBLIGATION by GEORGE
KLOSKO
This research paper explains and propound the various principles surrounding the
concept of Political Obligation in the early days as well as the contemporary world.

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