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THEORIES
Natural law theory began with the philosophers of ancient Greece who regarded
law as being closely related to justice and ethics.
Natural law has also been called divine law, the law of reason, the universal or
common law and eternal law.
Plato stated that the goodness of laws must be measured by their contribution to
social harmony, because all individual interest must be subject to social welfare.
Aristotle named a law inspired by reason as natural law, and declared that natural
law is inherent in the nature of man.
THE ORIGINS OF NATURAL LAW
ANCIENT PERIOD:
H.L.A. Hart:
Hart points out that there are certain substantive
rules which are essential if human beings are to live
continuously together in close proximity. Hart
places primary emphasis here on an assumption of
survival as a principal human goal.
John Finnis:
For Finnis, Natural Law is the set of principles of
practical reasonableness in ordering human life and
human community.
PRINCIPLES OF NATURAL JUSTICE IN INDIAN CONSTITUTION
DECLINE OF
NATURAL
The historical and analytical LAW
approaches to the study of In this changed climate
law were more realistic and of thought it became
attracted jurists. They difficult for the Natural
heralded a new era in the Law theories to survive.
field of legal thought.
Theories which over-emphasized
Towards the end of the 19th
positivism failed to satisfy the
century, a revival of the
aspirations of the people because
Natural Law theories took
of their refusal to accept morality
place.
and reason as element of law.
REVIVAL
All these factors
cumulatively led to revival
OF
of Natural Law theory in its NATURAL
modified form different from
the earlier one. LAW
Audi alteram
partem: Is a Latin
Nemo judex in
phrase that literally
causa sua: Is a
Actus dei nemini means, hear the
Latin phrase that
facit injuriam: other side too. Give
means, literally, no-
This means that an chance to explain,
one should be a
act of God does no give evidence,
judge in their own
injury to anyone. In summon own
cause. It is a
other words, no one witnesses of the
principle of natural
is responsible for other side. No
justice that no
inevitable decision shall be
person can judge a
accidents. given against a
case in which they
party without
have an interest.
offering him a
reasonable hearing
LEGAL MAXIMS
Maneka Gandhi was issued a passport on
1/06/1976 under the Passport Act 1967 but Uma Nath Pandey Vs The State of U.P.
asked to surrender her passport under section
10(3)(c) of the Act in public interest, within 7 days Challenge in this appeal is to the order passed by a
from the date of receipt of the letter. learned Single Judge of the Allahabad High Court
allowing the Revision Petition filed by a
respondent.
Maneka Gandhi wrote a letter seeking in return a
statement of reasons for such order.
Learned Single Judge only heard the counsel for
the respondent and passed the impugned order.
Ministry of External Affairs refused to produce any
such reason in the interest of general public.
The first and foremost principle is what is
commonly known as audi alteram partem rule. It
Maneka Gandhi then filed a writ petition under says that no one should be condemned unheard.
Article 32 of the constitution in the Supreme Court
challenging the order of the government of India as
violating her fundamental rights guaranteed under Principles of natural justice are those rules which
Article 21 of the constitution. have been laid down by the Courts as being the
minimum protection of the rights of the individual
against the arbitrary procedure.
The court finally held that the right to travel and
go outside the country is included in the right to
personal liberty guaranteed under Article 21 but The purpose of following the principles of natural
Section 10(3)(c) of the Passport Act is not violative justice is the prevention of miscarriage of justice.
of Article 21 as it is implied in the provision that
the principles of natural justice would be The Judges set aside the impugned order and
applicable in the exercise of the power of remit the matter to the High Court to consider the
impounding a passport . matter afresh after issuance of notice to the
respondents in the Criminal Revision Petition
The defect of the order was removed and the order No.2163 of 2007 which will stand restored. The
was passed in accordance with procedure appeal is allowed.
established by law.
Plessy vs Ferguson: Plessy (P) attempted to sit in
an all-white railroad car. After refusing to sit in the Brown v. Board of Education: (1954) was a
black railway carriage car, Plessy was arrested for landmark United States Supreme Court case in
violating an 1890 Louisiana statute that provided which the Court declared state laws establishing
for segregated separate but equal railroad separate public schools for black and white
accommodations. Those using facilities not students unconstitutional.
designated for their race were criminally liable
under the statute.
Several black children sought admission to public
schools that required or permitted segregation
At trial with Justice John H. Ferguson (D) based on race. The plaintiffs alleged that
presiding, Plessy was found guilty on the grounds segregation was unconstitutional under the Equal
that the law was a reasonable exercise of the Protection Clause of the Fourteenth Amendment.
states police powers based upon custom, usage,
and tradition in the state.
In all but one case, a three judge federal district
court cited Plessy v. Ferguson in denying relief
Plessy filed a petition for writs of prohibition and under the separate but equal doctrine.
certiorari in the Supreme Court of Louisiana
against Ferguson, asserting that segregation
stigmatized blacks and stamped them with a badge On appeal to the Supreme Court, the plaintiffs
of inferiority in violation of the Thirteenth and contended that segregated schools were not and
Fourteenth amendments. could not be made equal and that they were
therefore deprived of equal protection of the laws.