Comprehension
Principle of Natural Justice is derived from the word „Jus Natural‟ of the Roman law and it is closely related to Common law and moral principles but is not codified. It is a law of nature which is not derived from any statute or constitution. The principle of Natural Justice is adhered to by all the citizens of civilised State with Supreme importance. Natural justice simply means to make a sensible and reasonable decision making procedure on a particular issue. Sometimes, it doesn‘t matter what is the reasonable decision but in the end, what matters is the procedure and who all are engaged in taking the reasonable decision. It is not restricted within the concept of 'fairness‘ it has different colors and shades which vary from the context. Basically, natural justice consists of 3 rules.
The first one is “Hearing rule” which states that the person or party who is affected by the decision made by the Panel of expert members should be given a fair opportunity to express his point of view to defend himself. Secondly, “Bias rule" generally expresses that Panel of expert should be free from bias while taking the decision. The decision should be given in a free and fair manner which can fulfil the rule of natural justice. And thirdly, “Reasoned Decision” which states that order, decision or judgement of the Court given by the Presiding authorities with a valid and reasonable ground. The principles of Natural Justice have been adopted and followed by the judiciary to protect public rights against the arbitrary decision by the administrative authority. One can easily see that the rule of natural justice include the concept of fairness: they stay alive and support to safeguard the fair dealing.
Source: Excerpt taken from blog.ipleaders.in (Dated - 12th June, 2019)
The first one is “Hearing rule” which states that the person or party who is affected by the decision made by the Panel of expert members should be given a fair opportunity to express his point of view to defend himself. Secondly, “Bias rule" generally expresses that Panel of expert should be free from bias while taking the decision. The decision should be given in a free and fair manner which can fulfil the rule of natural justice. And thirdly, “Reasoned Decision” which states that order, decision or judgement of the Court given by the Presiding authorities with a valid and reasonable ground. The principles of Natural Justice have been adopted and followed by the judiciary to protect public rights against the arbitrary decision by the administrative authority. One can easily see that the rule of natural justice include the concept of fairness: they stay alive and support to safeguard the fair dealing.
Source: Excerpt taken from blog.ipleaders.in (Dated - 12th June, 2019)
Question: 1
Nemo Judex in causa sua” or the principle that 'No one can be a judge in his own case‘, relates to which of the following rule of the Natural Justice?
Nemo Judex in causa sua” or the principle that 'No one can be a judge in his own case‘, relates to which of the following rule of the Natural Justice?
Updated On: Jul 9, 2024
- Bias rule
- Reasoned decision rule
- Hearing rule
- All of the above.
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The Correct Option is A
Solution and Explanation
The correct option is (A): Bias rule
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Question: 2
Mr. X is a Public Servant, employed in a PSU and Mrs Y who is the wife of Mr. X is also an employee of the same PSU. Ms A files a complaint against Mr. X for sexual harassment at workplace before the ICC (Internal Complaints Committee), which is headed by Mrs Y. After completing her inquiry she held that Mr. X is guilty and recommended disciplinary proceedings against him. Now, on what grounds Mr. X may challenge her findings?
Mr. X is a Public Servant, employed in a PSU and Mrs Y who is the wife of Mr. X is also an employee of the same PSU. Ms A files a complaint against Mr. X for sexual harassment at workplace before the ICC (Internal Complaints Committee), which is headed by Mrs Y. After completing her inquiry she held that Mr. X is guilty and recommended disciplinary proceedings against him. Now, on what grounds Mr. X may challenge her findings?
Updated On: Jul 9, 2024
- Mrs Y is an employee of the same institution and the inquiry should have been conducted by a person outside the institution.
- The complaint was filed by a female employee, so the inquiry must have been conducted by a male employee.
- Mrs Y is the wife of Mr. X and she holds a personal bias in the case, so the inquiry should not have been conducted by her.
- Mr. X being the accused should have conducted the inquiry himself.
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The Correct Option is C
Solution and Explanation
The correct option is (C): Mrs Y is the wife of Mr. X and she holds a personal bias in the case, so the inquiry should not have been conducted by her.
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Question: 3
Mr. A is a judge and he is also the landlord of Mr. B, who resides in an apartment owned by Mr. A. Due to non-payment of rent for 3 consecutive months, Mr. A served an eviction notice to Mr. B. Now, choose the most appropriate option amongst the following.
Mr. A is a judge and he is also the landlord of Mr. B, who resides in an apartment owned by Mr. A. Due to non-payment of rent for 3 consecutive months, Mr. A served an eviction notice to Mr. B. Now, choose the most appropriate option amongst the following.
Updated On: Jul 9, 2024
- Being a judge himself, Mr. A cannot issue such notice of eviction.
- Mr. A can issue such notice because it is his duty as a Judge, apart from being a landlord.
- Such notice is illegal as Mr. B was not given an opportunity to present his case.
- Mr. A issued such notice in his personal capacity as a landlord and not being a judge.
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The Correct Option is D
Solution and Explanation
The correct option is (D): Mr. A issued such notice in his personal capacity as a landlord and not being a judge.
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Question: 4
Which of the following is not in violation of the principles of Natural justice?
Which of the following is not in violation of the principles of Natural justice?
Updated On: Jul 9, 2024
- Withholding of an increment of a public servant without giving him an opportunity to defend.
- Non-renewal of a contract of employment of an employee after the period of contract is over.
- Initiating a departmental inquiry against a public servant, without giving him an opportunity to submit representation during such inquiry.
- All of the above.
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The Correct Option is B
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The correct option is (B): Non-renewal of a contract of employment of an employee after the period of contract is over.
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Question: 5
On the basis of your understanding about Natural Justice in the passage above, state which of the following is true:
On the basis of your understanding about Natural Justice in the passage above, state which of the following is true:
Updated On: Jul 9, 2024
- Adherence to the reasoned decision rule is not required if other two rules are complied with.
- Compliance of bias rule itself rejects the need of the hearing and the reasoned decision rule
- Principle of Natural Justice is incomplete without the compliance of any of its rules.
- The Reasoned Decision rule is a substitute for the bias rule.
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The Correct Option is C
Solution and Explanation
The correct option is (C): Principle of Natural Justice is incomplete without the compliance of any of its rules.
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Top Questions on Judiciary
- The Indian legal system places a significant emphasis on protecting the rights and welfare of children. The Juvenile Justice (Care and Protection of Children) Act, 2015, is a vital piece of legislation in this regard. It is designed to ensure that children in conflict with the law receive special care, protection, and treatment, with the ultimate goal of their rehabilitation and reintegration into society.
One of the key provisions of the Act is the establishment of Juvenile Justice Boards (JJBs) at the district level. These boards consist of a Metropolitan Magistrate or Judicial Magistrate of the first class and two social workers, at least one of whom should be a woman. The primary function of the JJB is to determine the age of the juvenile, the circumstances in which the offense was committed, and whether the juvenile should be sent to a special home or released on probation.
The Act makes a clear distinction between a “child in conflict with the law” and a “child in need of care and protection.” A child in conflict with the law is one who has committed an offense, while a child in need of care and protection is a child who is vulnerable or at risk and requires special care and support.
The Act introduces a unique approach to dealing with children who are in conflict with the law. For children between the ages of 16 and 18, who have committed heinous offenses, they can be tried as adults, subject to a preliminary assessment by the Juvenile Justice Board. This assessment considers the child’s mental and physical capacity to commit such an offense. If the board determines that the child should be tried as an adult, the case is transferred to the regular criminal courts.
The Act also places restrictions on the publication of information that could lead to the identification of a juvenile offender. This is done to protect the privacy and future prospects of the child. - Free legal aid is the provision of free legal services in civil and criminal matters for those poor and marginalised people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or Authority. These services are governed by the Legal Services Authority Act, 1987 (the “Act”) and provided by the National Legal Services Authority (“NALSA”).
Provision of free legal aid includes:
• Representation by an advocate in legal proceedings;
• Payment of process fees, expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings in appropriate cases;
• Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings;
• Drafting of legal documents, special leave petition etc.; and
• Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.
Free legal aid also includes provision of aid and advice to the beneficiaries to access benefits under welfare statutes and schemes framed by the Central Government or the state governments and to ensure access to justice in any other manner. Free legal aid is not confined to cases before the subordinate courts.
Free legal aid must be provided to the needy from the lowest court to the Supreme Court of India.
According to Section 13(1) of the Act, any individual who satisfies any criteria under Section 12 is entitled to receive free legal aid, provided that NALSA is satisfied that such person has a genuine case to prosecute or defend the matter. There is hence no bar as to which kind of cases one can apply and not apply for. Section 12 of the Act includesthe following:
• a member of a Scheduled Caste or Scheduled Tribe;
• a woman or a child;
• a person with a disability;
• an industrial workman; or
• a person in police custody.
[Extracted, with edits and revisions, from “FAQs”, National Legal Services Authority] - Who among the following jurists has divided the formal sources and material sources?
- In which of the following case, the Supreme Court has held that the states cannot be directed to publish charge sheet and final reports on state's websites for public access?
- Which of the following Section of Juvenile Justice Act, 2015 provides that where an offence under the Juvenile Justice (Care and Protection of Children) Act, 2015 is punishable with imprisonment for a term more than seven years, then such offence shall be cognizable and non bailable.
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Questions Asked in CLAT exam
- From a very early age, I knew that when I grew up, I should be a writer. I had the lonely child's habit of making up stories and holding conversations with imaginary persons, and I think from the very start my literary ambitions were mixed up with the feeling of being isolated and undervalued. I knew that I had a facility with words and a power of facing unpleasant facts, and I felt that this created a sort of private world in which I could get my own back for my failure in everyday life. I wanted to write enormous naturalistic novels with unhappy endings, full of detailed descriptions and arresting similes, and also full of purple passages in which words were used partly for the sake of their sound. I give all this background information because I do not think one can assess a writer's motives without knowing something of his early development.
His subject-matter will be determined by the age he lives in — at least this is true in tumultuous, revolutionary ages like our own — but before he ever begins to write he will have acquired an emotional attitude from which he will never completely escape. It is his job to discipline his temperament, but if he escapes from his early influences altogether, he will have killed his impulse to write. I think there are four great motives for writing, at any rate for writing prose. They are: (i) Sheer egoism: Desire to seem clever, to be talked about, to be remembered after death, to get your own back on grown-ups who snubbed you in childhood; (ii) Aesthetic enthusiasm: Desire to share an experience which one feels is valuable and ought not to be missed (iii) Historical impulse: Desire to see things as they are, to find out true facts and store them up for the use of posterity (iv) Political purpose: Desire to push the world in a certain direction, to alter other people's idea of the kind of society that they should strive after.
[Extracted with edits from George Orwell's "Why I Write"]- CLAT - 2025
- Reading Comprehension
- The right kind of education consists in understanding the child as he is without imposing upon him an ideal of what we think he should be. To enclose him in the framework of an ideal is to encourage him to conform, which breeds fear and produces in him a constant conflict between what he is and what he should be: and all inward conflicts have their outward manifestations in society. If the parent loves the child, he observes him, he studies his tendencies, his moods, and peculiarities. It is only when one feels no love for the child that one imposes upon him an ideal, for then one's ambitions are trying to fulfill themselves in him, wanting him to become this or that. If one loves, not the ideal but the child, then there is a possibility of helping him to understand himself as he is.
Ideals are a convenient escape, and the teacher who follows them is incapable of understanding his students and dealing with them intelligently; for him, the future ideal, the what should be, is far more important than the present child. The pursuit of an ideal excludes love, and without love no human problem can be solved. If the teacher is of the right kind, he will not depend on a method, but will study each individual pupil. In our relationship with children and young people, we are not dealing with mechanical devices that can be quickly repaired, but with living beings who are impressionable, volatile, sensitive, afraid, affectionate: and to deal with them, we have to have great understanding, the strength of patience and love. When we lack these, we look to quick and easy remedies and hope for marvellous and automatic results. If we are unaware, mechanical in our attitudes and actions, we fight shy of any demand upon us that is disturbing and that cannot be met by an automatic response, and this is one of our major difficulties in education.
(Extract with edits from "The right kind of Education" by J. Krishna Murti)- CLAT - 2025
- Reading Comprehension
- Education is not the amount of information that is put into your brain and runs riot there, undigested, all your life. We must have life-building, man-making, character-making assimilation of ideas.... If education were identical with information, the libraries are the sages in the world and encyclopaedias are the rishis. Getting by heart the thoughts of others in a foreign language and stuffing your brain with them and taking some University degree, you consider yourself educated. Is this education? What is the goal of your education? Open your eyes and see what a piteous cry for food is rising in the land of Bharata, proverbial for its food. Will your education fulfill this want?
We want that education by which character is formed, strength of mind is increased, the intellect is expanded and by which one can stand on one's own feet. What we need to study independent of foreign control, different branches of the knowledge that is our own, and with it the English language and Western science; we need technical education and all else that will develop industries so that men instead of seeking for service may earn enough to provide for themselves and save against a rainy day. The end of all education, all training, should be man-making. The end and aim of all training are to make the man grow. The training by which the current expression of will are brought under control and become fruitful, is called education. What our country now wants are muscles of iron and nerves of steel, gigantic wills, which nothing can resist, which can penetrate into the mysteries and secrets of the universe and will accomplish their purpose in any fashion, even if it meant going down to the bottom of the ocean, meeting death face to face.
There is only one method of attaining knowledge. It is by concentration. The very essence of education is concentration of mind. From the lowest to the highest man, all have to use the same method to attain knowledge. The chemist who works in the laboratory concentrates on elements to analyze them. Knowledge is acquired by concentration.
[Extracted with edits from "Education" by Swami Vivekananda]- CLAT - 2025
- Reading Comprehension
- Punctually at midday, he opened his bag and spread out his professional equipment, which consisted of a dozen cowrie shells, a square piece of cloth with obscure mystic charts on it, a notebook, and a bundle of palmyra writing. His forehead was dazzling with sacred ash and vermilion, and his eyes sparkled with a sharp, abnormal gleam which was really an outcome of a continual searching look for customers, but which his simple clients took to be a prophetic light and felt comforted. The power of his eyes was considerably enhanced by their position placed as they were between the painted forehead and the dark whiskers which streamed down his cheeks: even a half-wit's eyes would sparkle in such a setting. People were attracted to him as bees are attracted to cosmos or dahlia stalks, He sat under the boughs of a spreading tamarind tree which flanked a path running through the town hall park, It was a remarkable place in many ways: a surging crowd was always moving up and down this narrow road morning till night. A variety of trades and occupations was represented all along its way: medicine sellers, sellers of stolen hardware and junk, magicians, and, above all, an auctioneer of cheap cloth, who created enough din all day to attract the whole town. Next to him in vociferousness came a vendor of fried groundnut, who gave his ware a fancy name each day, calling it "Bombay Ice Cream" one day, and on the next "Delhi Almond," and on the third "Raja's Delicacy," and so on and so forth, and people flocked to him. A considerable portion of this crowd dallied before the astrologer too. The astrologer transacted his business by the light of a flare which crackled and smoked up above the groundnut heap nearby.
(Extracted with edits from "An Astrologer's Day" by R.K. Narayan)- CLAT - 2025
- Reading Comprehension
- The "Nari Shakti Vandan Adhiniyam", 2023 Act received near-unanimous support in both the Lok Sabha and the Rajya Sabha. The legislation mandates the reservation of one-third of all seats in the Lok Sabha, state legislative assemblies, and Delhi (as a union territory with an elected assembly) for women. This linking of the implementation of the Act to the implementing of two long-term exercises of census and delimitation, makes little sense to many, and sounds quite like empowerment delayed for now.
In a 2012 article 'Holding Up Half the Sky: Reservations for Women in India', Rudolf C Heredia breaks down the common misconceptions that cloud our understanding of women's political participation- "When women do attain a national leadership role it is often because they have inherited the mantle from their fathers ophusbands, rather than as persons in their own right and are then projected as matriarchs, part of the joint family, complementary to the patriarchy rather than a challenge to it."
In 'Equality versus Empowerment: Women in Indian Legislature', 2023, Soumya Bhowmick makes the case for going a step beyond quotas, and to turn our attention to the complexities that shape women's agency in the country. This, he argues, would require a bottoms-up approach, rather than merely handing out reservations in a top-down manner. "In a country like India with a considerably large heterogeneous population, the dissemination of legislative power would be insufficient to protect the interests of minority groups such as women, Scheduled Castes, and Scheduled Tribes." He concludes that "implementing the idea of reservation for women would bring about descriptive representation, but its transformation into substantive representation would depend on the change in the attitudes of the people."
While the reservation of one-third of seats for women belonging to the scheduled castes and tribes under the amendment to article 330a and 332 of the constitution is a welcome step, it remains to be seen whether it fully acknowledges the complex interplay of hierarchies, socio-political relationships which also affect the extent and nature of complications that surround effective realisation of women's politics for Indian politics to emerge as a truly emancipatory space.- CLAT - 2025
- National Affairs
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