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praveen (psr)     13 October 2016

Principle of natural justice

Is Principle of Natural Justice for Industrial Law different from Judicial Law. We argued that according to Pinochet Rule of automatic disqualification of Judge and disciplinary authority - on proving they are interested in cause of one of the party. opposite counsel argued that principle of natural justice is different for industrial law from judicial law. I request to clarify me on this I will be obliged I gave case law of Association of Supreme court advocate vs union of india oct-2015.


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 6 Replies

Kumar Doab (FIN)     13 October 2016

Is it;

 

Supreme Court of India
Supreme Court ... vs Union Of India on 6 October, 1993

https://indiankanoon.org/doc/753224/

Kumar Doab (FIN)     13 October 2016

 

Is it:

 

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 13 OF 2015 Supreme Court Advocates-on-Record - Association and another … Petitioner(s) versus Union of India … Respondent(s) 

https://supremecourtofindia.nic.in/FileServer/2015-10-16_1444997560.pdf

Kumar Doab (FIN)     13 October 2016

 

Is it:

 

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 13 OF 2015 Supreme Court Advocates-on-Record - Association and another … Petitioner(s) versus Union of India … Respondent(s) 

https://supremecourtofindia.nic.in/FileServer/2015-10-16_1444997560.pdf

Kumar Doab (FIN)     13 October 2016

You may go thru:

 

CHAPTER-IV PERSONAL BIAS

https://shodhganga.inflibnet.ac.in/bitstream/10603/40127/9/09_chapter%204.pdf

 

Mugundhan (Lawyer)     13 October 2016

No man can be a judge of his own cause-is a principle of natural justice which applies everywhere. Even in domestic enquiries in industrial relations this principle applies. A person who is interested in the case cannot be an enquiry officer.

Ms.Usha Kapoor (CEO)     15 October 2016

Prior to Collegium System of Judicial  appointments to Highcourt and Supreme Copurt we had some of the finest Jurists who adorned the Supreme court such as Justice Gajendra Gadkar, Justice Y.V.Chandrachud, Justice VR.Krishna Ayyar and Justice Chinnapa Reddy etcAll of them were legal luminarieas  with  impeccable credentials..NJAC Act has been struct down by the Suprem court in Advocates on recordAssociation Vs. Union of India.The argument with this system waS  IT  MOTIVATES THE JUDGES TO POLITICAL AFFILIATIONS OR POLITICALLY ALIGNED. WITH THAT political bias  THEY DEVLOP PREJUDICE TOWARDS THEIR POLITICAL MASTERS AND WHEN THE LATTER IS GUILTY  OF  A CRIME  THESE POLITICALLY AFFILIATED JUDGES MAY GIVE  THOSE POLITICAL  MASTERS CLEAN CHIT. PRIOR TO NJAC  MANY jUDGES SHOWED  LOT OF iNDENPENDENCE AND  unbiased or non prejudicial in their  Judgemnts against their political Masters also who appointed them.Now  one recommendation I'd like to make inthis connection . The CollegiumSystem with all judges as per their own admission  is not out of fault. Take two eminent  civil society Members who are experts in Law or  some social work with impeccable credentials  in the collegium system apart from the current  members of  the judges.All  theese persons/civil Society members including the judges should have clean  credentials.y.  Any way the justice would be the same.based on sound  Principles of natural justice such as Justice, equity  and Good conscinece.No one should be  a judge in his own cause. agreed.Critics of Collegium system say No one should be  a judge in  his own cause. Let there be  2 or 3 eminent Scholors of Civil Society members who should have   veto exercising power apart from the chief Justice.of India in the current collegium system..No politician shoulds be  a member of the  collegium system. . If  a particular appointee's name is sullied or there is a cloud of suspicion on his character or other credentials such as corruption, immediately the civil society members should exercise Veto and CJI also should support them if  their contnetions have evidence before him. That WAY COLLEGIUM SYSTEM COULD ESCAPE  jUDGES APPOINTED BY jUDGES AND REMOVED BY jUDGES CRITICISM .According to principles of  natural  Justice no one should be a Judge in his own cause. This way we can overcome this criticism of  collegium system  that has been in practrice for the last more than 20 years.

               Principles of Nartural Justice  are Justice, equity and  good conscience. No one should be  a Judge in his own cause also forms part of these principles.There  is ABSOLUTELY NO DIFFERENCE BETWEEN NATURAL JUSTICE OF INDUSTRIAL lAW AND NATURAL jUSTICE OF jUDICIAL Law. .DEMOCRACY BOTH  INTERNAL AS WELL AS EXTERNAL SHOULD BE FOLLOWED  IN THE COLLEGIUM SYSTEM OF APPOINTMENT O F JUDGES  WITHOUT GIVING ANY CHNACE TO  any one  to point an acccuasing finger  at this system. Such Full proof system only would serve the cause of Justice, equity and Good Conscience.People who occupy Judges position of Highcourt and Supreme Courts etc should have  a troubling conscience while sitting in as Judges of High Cpourt and Supreme Courts. and while delivering Justice.Judges should be strongly independent, impartial and with clean credentials.Each Judge should set an example  or illustrious record for others to  follow..If you appreciate this answer please click the thnak you button on this forum.


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