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Rule of Law may be defined as a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international Human Rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, Equality before the law, accountability to the law, fairness in the application of the law, Separation of Powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.
In Indian Constitution, Rule of Law has been adopted under The Preamble where the ideals of Justice, Liberty and equality are enshrined. The Constitution has been made the supreme law of the country and other laws are required to be in conformity with the Constitution. Nonetheless, the courts have the onus to declare any law invalid, which is found in violation of any provision of the Constitution.
Principles Of Natural Justice are firmly grounded in Articles 14 and 21 of the Constitution. The two basic principles of natural justice are – Nemo judex in causa sua – No one should be made a judge in his own cause or – Rule against Bias
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 .Natural Justice relieves legal Justice from unnecessary technicality, grammatical pedantry or logical prevarication. It supplies the omissions of a formulated law.,
Natural justice is a set of principles that are considered to be fundamental to a fair and just legal system. These principles include the right to be heard, the right to be represented, and the right to be free from bias.
The right to be heard is the principle that everyone has the right to be given a chance to present their case before a decision is made about them. This means that they must be given notice of the proceedings, and they must be allowed to present evidence and arguments.
The right to be represented is the principle that everyone has the right to have someone represent them in legal proceedings. This means that they can have a lawyer or other advocate speak on their behalf.
The right to be free from bias is the principle that everyone has the right to be judged by a fair and impartial tribunal. This means that the decision-maker must not have any personal interest in the outcome of the case, and they must not be biased against any of the parties involved.
The rule of law is a principle that states that everyone is subject to the law, including the government. This means that the government cannot act arbitrarily or without justification, and that it must be accountable to the people.
The principle of equality before the law means that everyone is equal in the eyes of the law, and that no one is above the law. This means that the government cannot discriminate against any group of people, and that everyone has the same rights and responsibilities under the law.
The principle of supremacy of the law means that the law is supreme over all other forms of authority, including the government. This means that the government cannot make laws that are inconsistent with the constitution or other laws, and that it must obey the law itself.
The principle of Independent Judiciary means that the judiciary is independent from the government. This means that judges are not appointed or removed by the government, and that they are free to make decisions without fear of reprisal.
The principle of accountability of the government means that the government is accountable to the people. This means that the government must be transparent in its decision-making, and that it must be held accountable for its actions.
The principle of fair trial means that everyone has the right to a fair trial in a court of law. This means that they must be given the opportunity to present their case, and that they must be presumed innocent until proven guilty.
The principle of legal certainty means that the law must be clear and predictable. This means that people must be able to understand the law and know what their rights and responsibilities are.
Natural justice, the rule of law, and the other principles of a fair and just legal system are essential to the protection of individual rights and freedoms. They ensure that everyone is treated fairly and that the government is accountable to the people.
Principles of Natural Justice
- What are the principles of natural justice?
The principles of natural justice are a set of legal principles that require fairness in the decision-making process. They are applied in both judicial and administrative proceedings.
- What are the two main principles of natural justice?
The two main principles of natural justice are the right to a fair hearing and the right to be heard.
- What is the right to a fair hearing?
The right to a fair hearing is the right to be given an opportunity to present your case before a decision is made about you.
- What is the right to be heard?
The right to be heard is the right to have your views considered before a decision is made about you.
- What are some examples of how the principles of natural justice are applied?
The principles of natural justice are applied in a variety of contexts, including EMPLOYMENT law, immigration law, and criminal law.
- What are some of the benefits of applying the principles of natural justice?
The benefits of applying the principles of natural justice include ensuring that decisions are made fairly and that people have a right to be heard.
Rule of Law
- What is the rule of law?
The rule of law is the principle that no one is above the law, including the government. It is a fundamental principle of Democracy and a key safeguard against tyranny.
- What are some of the benefits of the rule of law?
The benefits of the rule of law include:
- It protects individual rights and freedoms.
- It promotes equality before the law.
- It helps to ensure that governments are accountable to their citizens.
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It provides a stable and predictable Environment for business and Investment.
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What are some of the challenges to the rule of law?
The challenges to the rule of law include:
- Corruption
- Lack of access to justice
- Weak institutions
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Human rights abuses
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What can be done to strengthen the rule of law?
There are a number of things that can be done to strengthen the rule of law, including:
- Promoting Transparency and Accountability in government
- Strengthening the judiciary
- Investing in Education and access to justice
- Combating corruption
- Promoting respect for human rights
Here are some MCQs on the principles of natural justice and the rule of law:
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Which of the following is not a principle of natural justice?
(a) Audi alteram partem (Hear the other side)
(b) Nemo judex in causa sua (No one should be a judge in their own case)
(c) Res judicata pro veritate habetur (A thing decided is held to be true)
(d) Iura novit curia (The court knows the law) -
Which of the following is not a principle of the rule of law?
(a) The law must be supreme
(b) The law must be applied equally to all
(c) The law must be known to those who are subject to it
(d) The law must be just and fair -
Which of the following is an example of a breach of the principle of natural justice?
(a) A judge hearing a case in which they have a personal interest
(b) A person being denied the opportunity to make representations before a decision is made about them
(c) A person being denied access to the evidence that will be used against them in a trial
(d) A person being convicted of a crime without being given a fair trial -
Which of the following is an example of a breach of the rule of law?
(a) A law that is passed by a majority in Parliament but that is not supported by the majority of the Population
(b) A law that is applied differently to different people, depending on their race, religion, or social status
(c) A law that is not known to the people who are subject to it
(d) A law that is unjust and unfair -
Which of the following is the most important principle of natural justice?
(a) Audi alteram partem (Hear the other side)
(b) Nemo judex in causa sua (No one should be a judge in their own case)
(c) Res judicata pro veritate habetur (A thing decided is held to be true)
(d) Iura novit curia (The court knows the law) -
Which of the following is the most important principle of the rule of law?
(a) The law must be supreme
(b) The law must be applied equally to all
(c) The law must be known to those who are subject to it
(d) The law must be just and fair -
The principle of natural justice that requires a person to be given a fair hearing before a decision is made about them is known as:
(a) Audi alteram partem
(b) Nemo judex in causa sua
(c) Res judicata pro veritate habetur
(d) Iura novit curia -
The principle of the rule of law that requires the law to be applied equally to all is known as:
(a) The principle of equality before the law
(b) The principle of Due Process of Law
(c) The principle of the separation of powers
(d) The principle of judicial independence -
The principle of natural justice that requires a person to be given access to the evidence that will be used against them in a trial is known as:
(a) The right to be heard
(b) The right to cross-examine witnesses
(c) The right to know the evidence against you
(d) The right to legal representation -
The principle of the rule of law that requires the law to be known to those who are subject to it is known as:
(a) The principle of publicity of the law
(b) The principle of certainty of the law
(c) The principle of fairness of the law
(d) The principle of justice of the law