• UGI USER
  • Dec 11, 2023
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FUNDAMENTAL ASPECTS OF NATURAL JUSTICE

Why in the News?

  • Academics from India, Qatar, and the Expulsion of MP from House, without enough proof of guilt beyond reasonable doubt, raises question fundamental legal principles
Source: NDTV

What is natural justice?

  • Natural justice is the principle that ensures fairness and impartiality in legal proceedings, guaranteeing that all parties involved have the right to be heard, treated fairly, and judged without bias or prejudice. It encompasses procedural fairness, the right to a fair hearing, and the application of unbiased decision-making.

Impartial Adjudication & Procedural Fairness

  • MP expulsion without proof beyond reasonable doubt violates foundational legal principles.
  • Calls for a quasi-judicial approach with individual assessment before determining guilt or innocence.

Time Constraints & Constitutional Immunity

  • Insufficient time for MPs to review the report raises concerns about constitutional rights.
  • Article 105’s immunity raises questions on the absolute insulation of MPs’ actions within the House.

Ethical Dilemmas & Judicial Interpretation

  • Issues with Ethics Committee powers and recommendations prompt legal interpretation.
  • The distinction between proving guilt and determining punishment necessitates clarity in quasi-judicial decisions.