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It is now judicially settled that orders passed against the principles of natural justice is a nullity. Despite the existence of these rules, it is quite disconcerting how authorities display their growing hegemony and a totally disregard to the rules. The faith of the citizenry can only be restored if those that execute the law, follow it in its true spirit.

Adv Sherry Samuel Oommen

This article is authored by Adv Sherry Samuel Oommen. Adv Oommen, who specializes in constitution, tax and corporate laws has also cleared the final exams of the Institute of Chartered Accountants of India, the Institute of Cost Accountants of India, and the Institute of Company Secretaries of India. He has also completed his Masters Degree in Commerce, apart from obtaining a Post Graduate Diploma in Business and Corporate Laws from Symbiosis Pune. The views expressly are personal and should not be construed as a legal [e-mail].

In the recent past, one has clearly been witnessing a deterioration in the rule of law and upholding its majesty. One of the key aspects of the rule of law has been the need to follow the principles of natural justice. Sadly, despite surfe it judgments of the Hon’ble Supreme Court on this count, authorities find it below their dignity to follow these principles in its true spirit. I would dare state that these principles ought to be followed if one does respect the rule of law. As one would agree, no one is above the law.

Rules of natural justice – What do they mean?

The rules of natural justice are not embodied rules. The phrase “natural justice” too is also not capable of a precise definition. The underlying principle of natural justice has evolved in common law as a means to check the arbitrary exercise of power by the State or its functionaries. Therefore, the principle of natural justice implies a duty to act fairly.