ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Interpreting 'Natural Justice'

This is with reference to the article “Judiciary’s Skewed Vision of Natural Justice” authored by the SAHRDC or South Asia Human Rights Documentation Centre, New Delhi (EPW, 10 September 2011). Although one appreciates the underlying desire of this article and in some measure may even partly agree with it, one cannot but note two lacunae.

First, it does not sufciently highlight the numerous judgments, especially those after the Supreme Court judgment in Maneka Gandhi vs Union of India (1978), whereby the courts have expansively employed the principles of natural justice while interpreting the provisions of the Constitution. Second, it stops short of elaborating why the Indian judiciary has been cautious in its interpretation of what constitutes “natural justice”.

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