Admin.docx - 13th March 2017 How do principles of natural justice play a role in making administration more accountable The first principle is the other

Admin.docx - 13th March 2017 How do principles of natural...

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13 th March 2017 How do principles of natural justice play a role in making administration more accountable? The first principle is the other side must be heard before it is condemned. The other principle is a principle against bias. These are broad categorizations; it has various meanings and different shades. The introductory part is devoted to the question of in what situations are these principles applicable. For example, when you are in front of a judge the judge necessarily have to give you a chance to be heard. Further, a judge cannot be part of a case where the subject matter has some interest to him. Initial phase of application of these principles are in judicial proceedings. So there is doubt as to where exactly it is applicable with respect to administrators. There is a rough categorization to understand what exactly an administrative body is doing. For example, it can be said that the body is performing a quasi administrative function. But this categorization has further created doubts as to what situations are these principles are applicable. Privy Council Judgment Nakooda Ali v S Jayaratne : A case of license being cancelled. The appellant challenged the cancellation on the ground that he was not heard before it was cancelled. The authority cancelled the license on the basis of a provision that if you think this person is unfit then you can cancel the license. No method of cancellation was given in the statute. When the law says you can cancel the license if a person is unfit then it does not mean you have to act judicially, you can act reasonably without acting judicially. It is not difficult to think of circumstances when the authority will have information required to make the decision to cancel the license without having to hear him. Administrative bodies even when they take decisions affecting the rights of an individual they need not act judicially . If he is under no duty to act in such a manner then there will be no question of hearing. In the statute there was no procedure mentioned it conferred wide powers on the administrative authority. The only requirement is that there me reasonable belief that the person was unfit. The Court said it is not subjective belief of the authority but objective belief which Court will determine and this is the only thing required and there is no requirement for an opportunity to be given. The requirement of reasonableness needs to be met from any number of sources. One paragraph which is a source of confusion : In one case Rex v Commissioner of Electricity . confusion arose from this statement : Atkin : Principles of natural justice are not limited to courts we will extent to administrative bodies. Whenever any body persons having power over people and have power to act judicially, then they are subject to power of the kings Court. This paragraph was interpreted as : In order that a body may satisfy the required test, it is not enough that they have the legal authority to determine questions affecting the rights of the subject. There
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