The Hon’ble Supreme Court in Canara Bank and others vs. Sri Debasis Das and others
reported in AIR 2003 Supreme Court 2041 while considering the scope and ambit of the
Canara Bank Officers Employees (conduct) Regulations 1976 had analyzed in depth
“Natural Justice” and “Audi Alteram Partem”. The observation in the said Judgment
could be summarized as follows:
Natural Justice is another name of commonsense Justice.
Rules of Natural Justice are not codified canons.
But they are principles ingrained into the conscience of man.
Natural Justice is the administration of Justice in a commonsense liberal way.
Justice is based substantially on natural Justice is based substantially on natural
ideals and human values.
The administration of Justice is to be freed from the narrow and restricted
considerations which are usually associated with a formulated law involving linguistic
technicalities and grammatical niceties.
It is the substance of Justice which has to determine its form.
The expressions “Natural Justice” and “Legal Justice” do not present a water tight
classification.
It is the substance of Justice which is to be secured by both and when ever legal
Justice fails to achieve this solemn purpose, natural Justice is called in aid of legal
Justice.
Natural Justice relieves legal Justice from unnecessary technicality, grammatical
pedantry or logical prevarication.
It supplies the omissions of a formulated law.
As Lord Buckmaster said, no form or procedure should ever be permitted to exclude
the presentation of a litigants’ defence.
The adherence to principles of Natural Justice as recognized by all civilized States is
of Supreme importance when a quasi – judicial body embarks on determining
disputes between the parties, or any administrative action involving civil
consequences is in issue.
Notice it is the first limb of the principle of Audi Alteram Partem.
Notice should apprise the party the case he has to meet.
Adequate time should be given to make his representation.
