Principles of Natural Justice: Audi Alteram Partem & Nemo Judex
Exam Snapshot
Natural justice principles are procedural safeguards crucial for a fair legal system. They apply to administrative and judicial processes to ensure fairness.
Core Concept
Natural Justice ensures impartial decision-making through two core principles:
- Audi Alteram Partem: "Hear the other side." No person shall be condemned unheard. It requires notice, opportunity to be heard, and a reasoned decision.
- Nemo Judex in Causa Sua: "No one should be a judge in their own cause." This rule prohibits bias, whether pecuniary, personal, or official.
Nepal Law Anchors
- Constitution of Nepal: Arts 20 (Right to Justice), 21 (Right of Victim), and 27 (Right to Information) implicitly mandate these principles.
- Procedural Codes: Muluki Civil/Criminal Procedure Codes incorporate these safeguards.
Confusable Terms
| Term | Natural Justice | Rule of Law |
|---|---|---|
| Nature | Procedural fairness | Governance under law |
| Relation | Component of Rule of Law | Broader legal principle |
MCQ Traps
- Codification: Natural justice is largely an uncodified set of common law principles, not a single statute.
- Scope: They apply to administrative authorities and tribunals, not just courts.
Example
- Audi Alteram Partem: A public office fires an employee without giving them a chance to explain their side (Violates natural justice).
- Nemo Judex: A judge adjudicating a case where their own brother is a party (Violates natural justice due to bias).
Memory Hook
- Audi Alteram Partem: Audio (need to hear).
- Nemo Judex: No judge in their own cause.
Quick Revision
- Audi Alteram Partem: Fair hearing is mandatory.
- Nemo Judex: Impartiality/No bias is mandatory.
- Scope: Applied to courts and administrative bodies.