Exceptions like I said can be arising due to the needs like security of India, Public order etc. For example under preventive detention- laws restrict the right to counsel, restricts the right to information of grounds of arrest which ultimately violates the principle of audi alteram partem. However it is allowed because its in the general interest of society. Similarly some law explicitly mention that principle of natural justice does not apply to it. Now in case of administrative bodies it does not apply because it is the same organization which conducts an investigation and then prescribes punishment for the offence. Remember that these principles merely guide the judiciary, it places no obligation on the courts. The ultimate idea is to deliver justice and upholding the trinity of article 14,19 and 21 along with the reasonable restrictions imposed upon them.
In case of administrative agencies doing a disciplinary inquiry, the officers investigate and then charges are framed and action is taken by the same department. Since it is the same department doing both the exercise there is a chance of bias, however it is allowed to ensure administrative convenience. Similarly at present with respect to parliamentary privileges, the speaker decides the cases relating to breach of privilege of the members of the house he is heading. Again it is against the principle of natural justice as one of the party to the case is adjudicating the case.
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Thank you for making this video
Yes finally in English. Thank you kind sir
I enjoyed because it is in English. Very sincere presentation
could you please share more details on exception of natural justice
Exceptions like I said can be arising due to the needs like security of India, Public order etc.
For example under preventive detention- laws restrict the right to counsel, restricts the right to information of grounds of arrest which ultimately violates the principle of audi alteram partem. However it is allowed because its in the general interest of society. Similarly some law explicitly mention that principle of natural justice does not apply to it.
Now in case of administrative bodies it does not apply because it is the same organization which conducts an investigation and then prescribes punishment for the offence.
Remember that these principles merely guide the judiciary, it places no obligation on the courts. The ultimate idea is to deliver justice and upholding the trinity of article 14,19 and 21 along with the reasonable restrictions imposed upon them.
In case of administrative agencies doing a disciplinary inquiry, the officers investigate and then charges are framed and action is taken by the same department. Since it is the same department doing both the exercise there is a chance of bias, however it is allowed to ensure administrative convenience.
Similarly at present with respect to parliamentary privileges, the speaker decides the cases relating to breach of privilege of the members of the house he is heading. Again it is against the principle of natural justice as one of the party to the case is adjudicating the case.
Very helpful..Thank u
Thnkuhh ❤️