Jurisprudential Overview of Principle of Natural Justice in India: A Comparative Study with The Uk and The Usa

Every civilized nation irrespective of the form of government that they observe i.e., either ‘Parliamentary form or Presidential form of government, objects to secure the rights of its citizens as well as non-citizen by following the principle of ‘Rule of Law’ and not ‘Rule of Men’. The former principle prescribes three essentials first ‘Supremacy of Law’ which means no person is above the law; second ‘Equality before the law’ which means that every person is equal before the law and classification among individual would be possible only if there is reasonable ‘intelligible differentiate’; And, the third important essential is ‘Constitution is the Result of Ordinary Law’ which means that statutory provisions which are enshrined under the ordinary law are uphold by the judicial authority which ultimately results in upholding the Constitution. In essence ‘rule of law’ secures the principle of fairness by compelling every administrative, quasi-judicial or legal agency to uphold the principle of law and to treat every individual equally. However, at times the statute permits adjudicatory agencies to exercise their discretionary power and decide on their own procedure for adjudicating disputes. Such, discretion may occasionally lead to procedures that compromise the administration of justice. In these instances, the ‘doctrine of judicial review’ allows constitutional courts to intervene and determine whether the procedure employed adhere to the ‘principle of natural justice’ or not? The determination is primarily based on examination whether both sides has been given fair chance of hearing or not? And, whether the adjudicatory authority is related in any manner with the parties or matter in issue? Basically this study deals with an overview of jurisprudential aspects of the principle of natural justice and its application in Indian context along with same researcher has tried to give a blue print of comparative analysis of principle of natural justice in India vis-à-vis UK and USA.