Question

Two statements are given. Choose the correct option based on the statements
Statements :
1. The principle of natural justice includes the rule that no person shall be a judge in his own cause
2. One of the broad essentials of the natural justice is that no one can be condemned without a fair opportunity to be heard

• A. Only (1) is true
• B. Only (2) is true
• C. Both (1) and (2) are true
• D. Both (1) and (2) are false

Hint:

The two pillars of Natural Justice are:
1. Rule against bias (Nemo judex in causa sua)
2. Right to be heard (Audi alteram partem)

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question presents two statements detailing the principles of natural justice.
We need to verify if these statements accurately describe the core tenets of natural justice.


Step 2: Key Principle / Approach:
Natural justice is a common law concept comprising two essential rules: "Nemo judex in causa sua" (no one should be a judge in their own cause) and "Audi alteram partem" (hear the other side).


Step 3: Detailed Explanation:

• Statement 1 is correct: The first major rule of natural justice is the rule against bias, expressed as "Nemo judex in causa sua" (no person shall be a judge in his own cause).

• This rule ensures that the deciding authority is impartial, neutral, and free from any personal, pecuniary, or professional interest in the outcome of the dispute.

• Statement 2 is correct: The second major rule of natural justice is the right to a fair hearing, expressed as "Audi alteram partem" (no one can be condemned unheard).

• This requires that before any adverse action is taken against a person, they must be given adequate notice of the case against them and a fair opportunity to present their defense.

• Both rules are fundamental to administrative law and judicial proceedings, ensuring fairness and preventing arbitrary decisions.

• Thus, both statements are true.



Step 4: Final Answer:
Both (1) and (2) are true, corresponding to Option (C).