Exceptions to Principles of Natural Justice: Part II

By Adv. Shriya Maini.

First Part of this Series, can be accessed here.

  • Exclusion in Emergency: Hurry versus Hearing

Whether it is for public safety, public interest, public health or public morality- the action, preventive or remedial, that is needed, is the requirement of notice and where a hearing may be obviated, would be exceptional cases of Emergency. The reasoning here is that a plausible hearing could delay the Administrative Action, thereby defeating the very purpose for which it was constituted. But if the right to be heard was to paralyze the process, the law would inevitably exclude it. Hence, if to condemn unheard is wrong, it is wrong except where it is overborne by dire social necessity. Therefore, examples such as where a dangerous building is to be demolished, or a company has to be wound up to save depositors, or there is imminent danger to peace, or a trade dangerous to society is to be prohibited, dire social necessity requires exclusion of the elaborate process of fair hearing. In the same manner, where power theft was detected by officials, immediate disconnection of supply was said to be non-violative of the Principles of Natural Justice. (more…)

An Analysis of Judicial Accountability in India

By Akash Agarwal, Amity Law School, Noida.

Accountability and Transparency are the two big-wig cornerstones of any democratic establishment for providing justice to the general public. However, the form of transparency and accountability may vary from one state to another depending upon certain  relevant factors.  In a democratic country like India, adhering to  the concept of separation of powers, which establishes three wings of Government, i.e. Legislature, Executive and Judiciary, the concept of accountability becomes crucial and formulates a system of checks and balances on each other. However, the Legislature and Executive are fairly accountable for the acts they commit, but as far as the Judiciary is concerned, the roads of accountability and transparency are really  bumpy and uneven. The Constitution of India provides comprehensive powers to the Judiciary, due to which the Indian Judiciary can be considered as the  most powerful organ among all other organs. (more…)