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prof s c pratihar (medical practitioner &legal studies)     06 October 2008

justice and legal justice

sir,    my discussion will not reach since 500 server errorall the time .so you pl discuss.when legal justice failsto achieve the solemn purpose natural justice is calledin aid of legal justice.natural justice relieves legal justice fromunnecessary technicality.how much true is the statement ,its limitations in present judicial system.



 2 Replies

kavita jain (advocate)     06 October 2008

Law is the mechanism of justice and the non-mechanical , the human component of this great machine is ' natural justice'. Natural justice is the soul of the machine of justice. The machine may vary from nation to nation, from state to state, from place to place, but  ' natural justice' the soul remains the  unique in each machinery of justice. One and every court in this universe has to follow the principles of natural justice. courts of different countries are increasingly applying the priciples of natural justice as a means of achieving the substance of justice through the instrumenalities of judicial, quasi-judicial and administrative actions.  Therefore, what is natural is made legal in the formulation of laws. Natural justice is the harbinger of legal justice. Being an obligation of the courts , natural justice can therefore be said to be a modicum of procedural justice because the courts can not administer or dispense justice without an orderly procedure.

Ajay kumar singh (Advocate)     07 October 2008

So far I understand the role of natural justice begins where legal justice becomes handicapped.For instance,the law of limitation prohibits a remedy after the prescribed period of time but where the natural justice so requires,opportunity may be provided to a remedy seeker.No law is exhautive and this is why principle of natural justice has got its importance.Procedural and technical law is to facilitate the smooth delivery of justice.Where they fail or create hurdle,the principle of natural justice comes into play.

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