Test: Natural Justice and Statutory Provisions - 2 - CLAT PG MCQ

Judicial powers are exercised by courts that make decisions based on established law, whereas quasi-judicial powers are often held by administrative bodies that have the authority to make decisions that affect legal rights, typically following a formal process but with a degree of flexibility compared to pure judicial processes.

The distinction between executive and quasi-judicial powers can be complex due to the overlap in functions and the mental processes involved in their decision-making. Both types of powers require careful consideration of legal principles, making it challenging to categorize actions strictly within one domain or the other.

"Audi alteram partem" translates to "hear the other side," which embodies the principle of fair hearing in natural justice. This principle ensures that all parties involved in a decision-making process have the opportunity to present their case before any decision is made, thus upholding fairness and justice.

The ruling in Swadeshi Cotton Mills established that an order violating natural justice rules is not necessarily a nullity and can be subject to review through a post-decisional hearing. This contrasted with strict interpretations in other cases, illustrating the complexity of judicial review.

"Ultra vires" refers to actions taken by an authority that are beyond the legal power or authority granted to them. Such actions are typically considered invalid and can be challenged in court, stressing the importance of adherence to defined legal limits.

The exception of impracticability allows for the exclusion of natural justice principles when it is not feasible to apply them. For instance, in a situation where a large number of individuals are affected simultaneously (such as in mass examinations), it may be impossible to provide individual hearings. Courts recognize that enforcing a hearing in such impractical situations may hinder effective governance and justice.

Certiorari and prohibition are legal remedies used to quash or restrain actions taken by quasi-judicial authorities that exceed their jurisdiction. These tools help ensure that such bodies operate within the limits of their powers and do not infringe upon the rights of individuals.

The "prejudice test" is crucial as it assesses whether the violation of natural justice had an impact on the outcome of the decision. If it can be shown that the violation affected the fairness of the hearing, the decision may be deemed invalid.

Article 192 of the Indian Constitution mandates that the Governor must obtain the Election Commission's opinion before making decisions related to the disqualification of a member of the legislative assembly. This process underscores the importance of the Election Commission's role in ensuring fair electoral practices, although there can be exceptions based on the doctrine of necessity in cases where bias is alleged.

In India, orders that violate natural justice are typically viewed as operationally valid until a competent court explicitly declares them invalid. This means that these orders can still have effects until they are legally challenged and set aside.

The Supreme Court ruled that the externment order was invalid because it violated the Audi alteram partem rule, which mandates that all parties must be given a chance to be heard. This case exemplifies how violations of natural justice can lead to significant judicial outcomes.

In academic adjudications, such as the evaluation of a student's performance, the principles of natural justice may not apply. The Supreme Court has ruled that when competent authorities assess academic performance over time, they can determine outcomes without a hearing, emphasizing that academic standards are upheld through established procedures rather than judicial processes.

The Doctrine of Necessity allows authorities to make decisions even when there is a potential for bias, prioritizing the need for resolution over strict adherence to judicial propriety. This doctrine is invoked in situations where no alternative authority is available, ensuring that justice is not obstructed. For example, if a biased decision-maker is the only one available to make a required ruling, their involvement may still be permissible under this doctrine.

A voidable order is considered legal and valid until a competent court sets it aside at the request of an aggrieved party. In contrast, a void order is recognized as having no legal effect from the outset, meaning it can be disregarded without any legal consequences.

The concept of absolute necessity is invoked in situations where it is crucial to address an issue, and there is no alternative authority available to make a decision. This principle aims to prevent the obstruction of justice in scenarios where delaying a decision would result in greater harm or injustice.

Public interest often implies that in making significant policy decisions, particularly in economic matters, the principles of natural justice may not apply. Courts have held that such decisions can be made without a hearing unless they are found to be arbitrary or unreasonable, reflecting a balance between governance efficiency and individual rights.

Legislative actions, which do not pertain to specific individuals but rather establish policies, are generally not bound by the principles of natural justice. This exclusion is grounded in the understanding that legislative processes aim to serve broader public interests rather than individual cases. Therefore, unless a legislative action is arbitrary, it may not be challenged based on natural justice principles.

In S.P. Gupta v. U.O.I, the Supreme Court ruled that the maintenance of confidentiality in certain governmental processes, such as police surveillance, can justify the exclusion of natural justice principles. This case highlights the balance that must be struck between individual rights and the need for confidentiality in sensitive matters, ensuring that the principles of natural justice do not undermine effective governance or public safety.

In emergencies, the need for swift action to protect public interest may justify waiving the requirement for a hearing. Courts have recognized that delays in urgent situations could lead to significant harm, thereby allowing authorities to act without adhering strictly to natural justice principles, as demonstrated in cases like Mohinder Singh Gill v. CEC.

The case of Charan Lal Sahu vs. UOI illustrates the application of the doctrine of necessity, where the Central Government represented victims of the Bhopal Gas Disaster despite its status as a potential joint tortfeasor. The court ruled that if the government did not represent the victims, no other body could effectively do so, thus necessitating its involvement despite the conflict.