Natural JusticeJournal: Hindu Research Journal (Vol.3, No. 9)
Publication Date: 2016-01-15
The doctrine of Natural Justice has a recognized place in Indian legal system. This principle is also as audi alteram partern rule meaning both sides should be heard. The origin of this principle is alleged to be traceable to the down of time. Fortescue J. in R. V Chancellor of Cambridge in 1723 quotes a perhaps fanciful view which holds that the principle was invoked in the investigation of the first offence on record-that commuted in this Garden of Eden. He says:- “The laws of god and man both give the party an opportunity to make his defence, if he has any. I remember to have heard it observed by a very learned man upon such an occasion, that even god himself did not pass sentence upon Adam, before he was called upon to make his defence. Adam (says God) where art thou? Hast thou not eaten of the tree, where of I connanded thee that thou should not eat? And the same question was to Eve also”.
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Last modified: 2016-03-09 21:33:39