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Exception to the rule of Natural Justice

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HomeBrud.gifAdministrative LawBrud.gifPrinciples of Natural JusticeBrud.gifException to the rule of Natural Justice

There are some situations in which the rules of natural justice are not to be followed in the best interest of the society. These include:

Exclusion in emergency

The need for notice and hearing is excluded in exceptional cases of emergency in which prompt, preventive or remedial action is required.

Related Cases / Recent Cases / Case Law

  • Mohinder Singh Gill v Chief Election Commissioner, (1978) 1 SCC 405, 432: AIR 1978 SC 851: If to condemn unheard is wrong, it is wrong except where it is overborne by dire social necessity.
  • Liversidge v Anderson, 1942 AC 206
  • Nathubhai v Municipal Corporation, AIR 1959 Bom 332: Dangerous building is to be demolished
  • Jospeh v Reserve Bank of India, AIR 1962 SC 1371: Company has to be wound up to save depositors

Exclusion in cases of confidentiality

Exclusion in cases of fairness

Recent Cases / Related Cases / Case Law

  • Avinash Nagra v Navodaya Vidyalaya Samiti, (1997) 2 SCC 534: When a teacher of the Navodya Vidyalaya was dismissed on gross moral turpitude without giving exhaustive hearing as per the CCA rules, the Court held the termination valid on the ground that fairness cannot be made counterproductive.

Exclusion in case of purely administrative matters

Exclusion based on impracticability

Exclusion in cases of interim preventive actions

Exclusion in cases of legislative action

Where right of no person is infringed

Exclusion in case of Statutory Exception or Necessity

Exclusion in case of contractual arrangement

Exclusion in case of government policy decision

'Useless formality' theory

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