Consider the following statements : Identify the statement which implies…
2011
Consider the following statements :
Identify the statement which implies natural justice.
Answer: D. A reasonable opportunity of being heard must be given. — Concept — what the principles of natural justice consist of. Natural justice is the minimum standard of procedural fairness binding on anyone who decides a…
- A.
The principle of natural justice is followed by the Courts.
- B.
Justice delayed is justice denied.
- C.
Natural justice is an inalienable right of a citizen
- D.
A reasonable opportunity of being heard must be given.
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Correct answer: D
Concept — what the principles of natural justice consist of.
Natural justice is the minimum standard of procedural fairness binding on anyone who decides a matter affecting another person. It is defined by two classical maxims: audi alteram partem — hear the other side, so that no one is condemned unheard — and nemo judex in causa sua — no one may be a judge in their own cause. A statement therefore implies natural justice only when it lays down one of these procedural requirements; a statement that merely comments on natural justice from the outside does not.
Application — testing the statements against that definition.
"A reasonable opportunity of being heard must be given" lays down the first maxim itself: before an authority decides a matter against a person, that person must be allowed to put their side. The requirement is the very content of natural justice, so this is the statement in which natural justice is implied.
Cross-check — how the remaining statements relate to the definition.
"The principle of natural justice is followed by the Courts" reports a practice, namely who applies the principle. It presupposes natural justice and says nothing about what the principle requires.
"Justice delayed is justice denied" is a maxim about the timeliness of a remedy; it underlies the demand for a speedy trial, which is a guarantee distinct from the right to a fair hearing.
"Natural justice is an inalienable right of a citizen" asserts a status, namely how the principle is classified. It too speaks about natural justice instead of stating a rule that natural justice consists of.
Result: the statement requiring that a reasonable opportunity of being heard be given is the one that implies natural justice.