by

V Subramanian

We often hear the terms “Principles of Natural Justice” and “Principle of Equity”.  But without knowing their full meaning and implications, we liberally use them in formal contexts.

Let us see what they are.

Principles of Natural Justice

The question of Principles of natural justice arise only in the following relationships.

1. Employer - Employee
2. Lender – Borrower
3. Service Provider - Consumer
4. Prosecution – Accused
5. Government – Citizens

This list is only illustrative and there are many other similar relationships in which there is a need to apply ‘principles of natural justice’.

Broadly speaking, one of the parties is in a dominant position and the other at the receiving end. So, with a view to avoid exploitation of the latter and to prevent meting out injustice to him/her, the principles of natural justice evolved over a period of time.

Principles of Natural Justice deal with two aspects –

1. Duty of the dominant party to act fairly
2. Rights of the other party

We shall discuss them one by one here.  For the sake of convenience and to introduce more clarity in description and understanding, the dominant party may be described as ‘A’ and the party at the receiving end as ‘B’.

Duty of ‘A’ to act fairly

Party ‘A’ must fulfil these conditions at any cost.

1. Do not nurture any bias or pre-conceived notions
2. Act with utmost responsibility, sincerity of purpose and circumspection
3. Treat ‘B’ with dignity and respect
4. Not to confine one’s action to a limited period, place/s or person/s
5. Never exhibit arrogance and rudeness
6. Never coerce or threaten ‘B’
7. Never nurture any mala fide intention or grudge against ‘B’
8. Not to take any hasty step without waiting for the whole truth to come out
9. Not to go by the version of one or a few individuals that may change the course of the proceedings
10. Giving unlimited opportunity to ‘B’ to produce more evidences, more witnesses and to submit amended/additional written statements, as the case progresses (of course, within the time limit fixed)
11. Never bring in points that are not at all connected to the case, but may turn prejudicial, unfavourable and adverse to ‘B’
12. Most importantly, be open, transparent, fair and objective in all one’s actions

Rights of ‘B’

He/she is given the following rights automatically, without his/her asking for them.

1. Right to be provided with basic amenities and comforts
2. Right to be heard adequately
3. Right to speak through a Defence Representative, if necessary
4. Right to question the motives of ‘A’
5. Right to demand the change of the counsel for ‘A’, if such counsel acts in an arbitrary manner
6. Right to call for certified copies of all documents and records felt relevant
7. Right to be treated on an equal footing with others, without any discrimination
8. Right to be issued advance notice, if physical presence is warranted
9. Right to appear at a venue which does not pose any risk or threat
10. Right to be consulted on the date and time for the next meeting/hearing
11. Right to produce written submission, along with documentary evidences to support and defend himself/herself
12. Right to explain each and every Defence Exhibit and take such explanations on record
13. Right to cross-examine the Management Witnesses
14. Right to produce Defence Witnesses
15. Right to demand full investigation to cover all the dimensions and perspectives of the case
16. Right to point out if any other person/agency is left out from the purview of the probe deliberately, resulting in selective targeting of oneself
17. Right to ask for fixing a specific time horizon to investigate and conclude the case
18. Right to demand detailed reasons for any decision taken and conclusion arrived at by ‘A’
19. Right to appeal if it is felt that injustice has been done at the end

Alright, let us now see what ‘Principle of Equity’ means.

Principle of Equity

‘Principle of Equity’ is a body of legal doctrines and rules developed to enlarge, supplement, or override a narrow rigid system of law. Where the strict application of common law results in injustice or inappropriate remedy, courts adopt ‘Principle of Equity’ to mitigate the rigour of the legislated laws and Acts and to protect the personal liberty and fundamental rights of individuals or groups.

The bedrock of ‘Principle of Equity’ lies in following ‘Principles of Natural Justice’.

‘Principle of Equity’ can be said to be characterized by the following distinct features.

1. All are treated equally
2. There is no favouritism or preferential treatment to anyone
3. Similarly, there is no subjectivity, bias, prejudice or discrimination
4. One must realize that in order to achieve what one wants, he/she must invest necessary resources and put in necessary efforts
5. Fruits of labour are distributed in the right proportion of contribution made by everyone
6. One must be convinced that merit alone takes one to the ultimate goal
7. By and large, the system works efficiently without being influenced by external factors
8. No person should be allowed to profit at another's expense without making restitution for the reasonable value of any property, services, or other benefits that have been unfairly received and retained
9. For the onlookers, there is fair play that is quite evident by its dominant presence

We may say with total confidence and absolute conviction that where Principles of Natural Justice and Principle of Equity are fully present, there will be everlasting peace, happiness and pride.