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    Exception To The Rules of Natural Justice

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    Abir N Zain
    The document discusses exceptions to the rules of natural justice. It outlines several situations where exceptions may apply: 1) In cases of emergency where urgent action is needed to address issues like winding up companies or prohibiting dangerous activities. 2) When applying the rules would compromise greater public interest or national security. 3) If applying the rules would reveal confidential information. 4) In academic settings where administrators assess a student's performance over time. 5) When applying the rules is impractical, such as providing hearings to all students after a large exam cheating incident. 6) For interim preventive actions that are not final decisions. 7) For general legislative actions rather than actions targeting specific individuals.

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    Exception To The Rules of Natural Justice

    Uploaded by

    Abir N Zain
    1K views3 pages
    The document discusses exceptions to the rules of natural justice. It outlines several situations where exceptions may apply: 1) In cases of emergency where urgent action is needed to address issues like winding up companies or prohibiting dangerous activities. 2) When applying the rules would compromise greater public interest or national security. 3) If applying the rules would reveal confidential information. 4) In academic settings where administrators assess a student's performance over time. 5) When applying the rules is impractical, such as providing hearings to all students after a large exam cheating incident. 6) For interim preventive actions that are not final decisions. 7) For general legislative actions rather than actions targeting specific individuals.

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    Exception to the Rules of Natural Justice

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    The document discusses exceptions to the rules of natural justice. It outlines several situations where exceptions may apply: 1) In cases of emergency where urgent action is needed to address issues like winding up companies or prohibiting dangerous activities. 2) When applying the rules would compromise greater public interest or national security. 3) If applying the rules would reveal confidential information. 4) In academic settings where administrators assess a student's performance over time. 5) When applying the rules is impractical, such as providing hearings to all students after a large exam cheating incident. 6) For interim preventive actions that are not final decisions. 7) For general legislative actions rather than actions targeting specific individuals.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views3 pages

    Exception To The Rules of Natural Justice

    Uploaded by

    Abir N Zain
    The document discusses exceptions to the rules of natural justice. It outlines several situations where exceptions may apply: 1) In cases of emergency where urgent action is needed to address issues like winding up companies or prohibiting dangerous activities. 2) When applying the rules would compromise greater public interest or national security. 3) If applying the rules would reveal confidential information. 4) In academic settings where administrators assess a student's performance over time. 5) When applying the rules is impractical, such as providing hearings to all students after a large exam cheating incident. 6) For interim preventive actions that are not final decisions. 7) For general legislative actions rather than actions targeting specific individuals.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 3

    EXCEPTION TO THE RULES OF NATURAL

    JUSTICE
    Exceptions to the Rules of Natural Justice

    In the following grounds, there may be exclusion to the rules of Natural Justice:

     Exclusion in exceptional cases of Emergency:

    Where a company has to be wound up to save the depositors or a trade


    dangerous to society is to be prohibited or a dangerous building is to be
    demolished or in such other exceptional cases of emergency, where
    urgent/prompt action, preventive or remedial, is needed the application of the
    rule of fair hearing may be excluded.

     Exclusion in cases of Dire Public Interest:

    In Mohinder Sing Gill Vs. Chief Election Commissioner, the Supreme Court of
    India held that the 'Rule of Fair Hearing can be obviated in administrative
    adjudication or in a decision-making process to save greater public interest.

     Exclusion in cases of Confidentiality:

    If application of the rule of fair hearing breaks any confidentiality which is


    detrimental to national interest or public order, in that case this rule may be
    excluded.

     Exclusion in case of Academic Adjudication:

    A student of the University was removed from the rolls for unsatisfactory
    academic performance without giving any pre-decisional hearing. The Supreme
    Court of India held that where the competent academic authorities examine and
    assess the work of a student over a period of time and declare his performance
    unsatisfactory, application of the rule of fair hearing is not needed.

    1|Page
     Exclusion based on Impracticability:

    In R. Radakrishnan vs. Osmania University it is found that the entire M. B. A.


    entrance examination was cancelled by the University authority because of mass
    copying. The court held that notice and hearing to all candidates is impossible,
    since assumed national proportions.

     Exclusion in cases of Interim Preventive Action:

    If any order taken by an administrative authority is a suspension order being


    preventive in nature and not a final order, in that case application of the rules of
    Natural Justice may be excluded.

     Exclusion in cases of Legislative Action:

    Exclusion is justified if the nature of administrative action is legislative. If any


    administrative action, taken in violation of Natural Justice, does not apply to a
    single individual or a few specified persons and is of general nature, it may be
    called legislative.

     Due Process of Law and the Rules of Natural Justice:

    In United States of America the concept of the rules of Natural Justice is not
    frequently heard. Because it is not necessary for them to rely on this concept as
    the concept of due process of law has been guaranteed by the U.S.A.
    Constitution by its 5th and 14th constitutional amendments, the gist of which
    stands as-

    “No person shall be deprived of life, liberty or property without due process of
    law". In the hands of the Supreme Court, the phrase 'due process of law early
    came to evolve a twofold meaning - Substantive and Procedural and the rules of
    natural justice were considered to be implied in the procedural aspect of due
    process.

    2|Page
    Thus, in Hagar vs. Reclamation District, the court held that "whenever it is
    necessary for the protection of the parties, it must give them an opportunity to
    be heard respecting the justness of the judgment sought."

    It is, thus, to be seen that the ingredients of procedural due process basically
    correspond to the English Common Law rules of natural justice. Indeed, Natural
    Justice is a concept of common law world counterpart of the American
    procedural due process.

    Equity and the Rules of Natural Justice

    "Equity" may be defined to be natural right or justice, as addressed to the


    conscience, independent of express or positive law; a system of jurisprudence,
    the object of which is to render the administration of justice more competent,
    either by the application of rule to cases not provided for by positive law, or by
    adopting remedies more exactly to the exigencies of particular cases (Burril
    Law Diet. tit. "Equity"). Equity is based on good conscience, fair dealing and
    justice. It does not interfere when law provides adequate remedy. It only
    denotes the spirit and the habit of fairness and justness. It desires to give to each
    man his dues according to natural law.

    Now, it is observed from the foregoing discussion that the concept of 'Equity' is
    wider than the concept of rules of Natural Justice. The concept of 'Equity'
    actually covers the doctrine of reasonableness, the concept of striking down
    malafide action and also the concept of rules of Natural Justice. Indeed, the
    concept of Natural Justice comes within the ambit of the concept of Equity. The
    exclusions to the rules of Natural Justice are also based on the concept of
    'Equity'. In fact, both these concepts are not contrary to each other rather
    conducive and complementary.

    3|Page

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