1)Principle of Natural justice Controls all actions of public authorities by applying rules of reasonableness, good faith, and justice.
2)Aims not only to secure justice but to prevent a miscarriage of justice. Binding on all courts and all judicial and quasi-judicial bodies.
3)Natural justice is based on two core principles:
A)Nemo debet esse judex in propria causa (Rule against bias / No man shall be a judge in his own cause): No one can be a party and a judge in the same authority.
B) Audi alteram partem (Hear the other side).
A. Rule Against Bias
A judge must be impartial, free from bias, and show an absence of prejudice. The test applied is the "real likelihood of bias". For pecuniary bias, however small it may be, bias is disqualified; this strict rule does not apply identically to other forms of bias.
Four Types of Bias:
1)Pecuniary bias: Where the decision maker has a direct or indirect financial stake.
2)Personal bias: The decision maker/judge might be biased in favor of or against one party.
3)Official / Subject matter bias: Where the judge's connection is directly linked to the litigation.
4)Judicial bias: Where the judge has a preconceived or unreasonable inclination to uphold a particular viewpoint.
A.K. Kraipak v. Union of India (1969): The Court held that it is difficult to determine the subjective state of mind of a person; therefore, the court must look for a reasonable ground for believing that a likelihood of bias exists. Except for pecuniary bias, other types must show a real likelihood.
B). Audi Alteram Partem ("Hear the Other Side")
No person should be condemned unheard; both sides must be heard before an order is made. A reasonable opportunity of being heard requires two elements: Notice and Hearing.
a)Notice: Before taking action, a show-cause notice must be issued (a sine qua non of a fair hearing).
R. v. University of Cambridge (1723) (Dr. Bentley’s Case): A student was denied a degree on grounds of misconduct. He contested that this was done without notice and opportunity of hearing. The court held that even in the absence of an express statutory provision, notice must be given prior to any action that adversely affects individual rights.
b)Hearing: The person concerned must be afforded a fair opportunity of being heard.
Maneka Gandhi v. Union of India (1978): An opportunity of being heard was initially not given when the journalist's passport was impounded by the government.
Hira Nath Mishra v. Rajendra Medical College (1973): Male students entered a girls' hostel. Statements of the female students were recorded behind the backs of the male students, and the boys were not permitted to cross-examine them directly. The court held that audi alteram partem is a flexible rule suited to the facts and not an absolute requirement with rigid expectations in every circumstance.