Administrative Law · Judicial Review
Natural Justice Principles Before Administrative Tribunals
Analysis of reasoned speaking orders, procedural fairness, and statutory remedies when administrative authorities pass orders without granting personal hearings.
This page summarizes the legal framework and judicial precedents for educational and informational purposes only. It does not state or imply that Advocate Sunil Kumar Upadhyay represented a party or was involved in the matter.
The Core Pillars: Audi Alteram Partem and Rule Against Bias
Administrative bodies and specialized tribunals exercising quasi-judicial powers are strictly bound by the fundamental principles of natural justice: (i) Nemo judex in causa sua (no one should be a judge in their own cause) and (ii) Audi alteram partem (hear the other side).
As established by the Supreme Court in A.K. Kraipak v. Union of India (1969) 2 SCC 262 and Maneka Gandhi v. Union of India (1978) 1 SCC 248, the dividing line between administrative and quasi-judicial functions is blurred; fairness and absence of arbitrariness are mandatory requirements for all state action.
Requirement of Reasoned Speaking Orders
Natural justice mandates that quasi-judicial decisions must be supported by intelligible reasons. In Kranti Associates Pvt. Ltd. v. Masood Ahmed Khan (2010) 9 SCC 496, the Supreme Court held that passing a reasoned speaking order is a vital third principle of natural justice.
Reasons disclose how the adjudicating mind applied statutory provisions to factual evidence, prevent arbitrariness, and enable meaningful judicial review before High Courts and appellate tribunals.
Judicial Review under Article 226 Against Procedural Breaches
Where an administrative body or statutory tribunal issues adverse orders without issuing show-cause notice, denying access to relied-upon records, or refusing an oral hearing, aggrieved parties possess a direct constitutional remedy under Article 226 of the Constitution.
Delhi High Court writ benches routinely quash unreasoned or unilateral administrative decisions, remanding proceedings for fresh consideration in accordance with law.
