It is a concept of Common Law and represents principles developed by judges. Though it enjoys no express constitutional status, it is one of the most important concept that ensure that people retain their faith in the system of adjudication. These are not precise rules of unchanging content; their scope varies according to the context. Nevertheless it provides the foundation on which the whole super-structure of judicial control of administrative action is based.
The principle is said to have included two rules. They are :-
- Nemo Judex in Causa Sua - It says that no person can be a judge in his own case.
- Audi Alterum Partem - According to this rule, both the parties to a case should be heard before passing the order.
The right to a fair hearing requires that individuals should not be penalized by decisions affecting their rights or legitimate expectations unless they have been given prior notice of the case, a fair opportunity to answer it and the opportunity to present their own case. The mere fact that a decision affects rights or interests is sufficient to subject the decisions to the procedures required by natural justice.
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