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    Exceptions To PNJ

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    Sunayana Basu
    The principles of natural justice, namely that no person can be a judge in their own case and all parties must be heard, are not statutory rules and can be excluded or modified in certain situations. There are eight circumstances where the principles of natural justice may be excluded: 1) where a statute expressly or implicitly excludes them, 2) for legislative actions, 3) for necessity, 4) for undisputed facts, 5) for confidential inquiries, 6) for preventive actions, 7) where prompt action is needed, and 8) where fairness is not impacted. However, exclusion of natural justice should not be assumed and statutes should be interpreted as observing natural justice when possible.

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    Exceptions To PNJ

    Uploaded by

    Sunayana Basu
    58 views1 page
    The principles of natural justice, namely that no person can be a judge in their own case and all parties must be heard, are not statutory rules and can be excluded or modified in certain situations. There are eight circumstances where the principles of natural justice may be excluded: 1) where a statute expressly or implicitly excludes them, 2) for legislative actions, 3) for necessity, 4) for undisputed facts, 5) for confidential inquiries, 6) for preventive actions, 7) where prompt action is needed, and 8) where fairness is not impacted. However, exclusion of natural justice should not be assumed and statutes should be interpreted as observing natural justice when possible.

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    Exceptions to principle of natural justice.(brief notes)

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    Exceptions to Pnj

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    The principles of natural justice, namely that no person can be a judge in their own case and all parties must be heard, are not statutory rules and can be excluded or modified in certain situations. There are eight circumstances where the principles of natural justice may be excluded: 1) where a statute expressly or implicitly excludes them, 2) for legislative actions, 3) for necessity, 4) for undisputed facts, 5) for confidential inquiries, 6) for preventive actions, 7) where prompt action is needed, and 8) where fairness is not impacted. However, exclusion of natural justice should not be assumed and statutes should be interpreted as observing natural justice when possible.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    58 views1 page

    Exceptions To PNJ

    Uploaded by

    Sunayana Basu
    The principles of natural justice, namely that no person can be a judge in their own case and all parties must be heard, are not statutory rules and can be excluded or modified in certain situations. There are eight circumstances where the principles of natural justice may be excluded: 1) where a statute expressly or implicitly excludes them, 2) for legislative actions, 3) for necessity, 4) for undisputed facts, 5) for confidential inquiries, 6) for preventive actions, 7) where prompt action is needed, and 8) where fairness is not impacted. However, exclusion of natural justice should not be assumed and statutes should be interpreted as observing natural justice when possible.

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    © All Rights Reserved
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    Discuss the various exceptions to the principle of ‘Natural Justice’ with the help of decided cases.

    Introduction: Though the rules of natural justice, namely, nemo judex in causa sua and audi alteram
    partem, have now a definite meaning and connotation in law, and their content and implications are
    well-understood and firmly established, they are nonetheless not statutory rules. Each of these rules
    yields to and changes with the exigencies of different situations. They do not apply in the same
    manner to situations which are not alike. These rules are not cast in a rigid mould nor can they be
    put in a legal strait-jacket. They are not immutable but flexible. These rules can be adopted and
    modified by statutes and statutory rules and also by the constitution of the tribunal which has to
    decide a particular matter and the rules by which such tribunal is governed. There are, however,
    situations which demand the exclusion of the rules of natural justice by reason of diverse factors like
    time, place, the apprehended danger and so on.

    Circumstances

    In the following cases, the principles of natural justice may be excluded:

    1. Where a statute either expressly or by necessary implication excludes application of natural


    justice;

    2. Where the action is legislative in character, plenary or subordinate;

    3. Where the doctrine of necessity applies;

    4. Where the facts are admitted or undisputed;

    5. Where the inquiry is of a confidential nature;

    6. Where preventive action is to be taken;

    7. Where prompt and urgent action is necessary;

    8. Where nothing unfair can be inferred by non-observance of natural justice.

    Conclusion: One thing should be noted. Inference of exclusion of natural justice should not be
    readily made unless it is irresistible, since the courts act on presumption that the legislature intends
    to observe the principles of natural justice and those principles do not supplant but supplement the
    law of the land. Therefore, all statutory provisions must be read, interpreted and applied so as to be
    consistent with the principles of natural justice

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