Enumerate in short the exceptional circumstances of the application of natural justice under Administrative Law.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2019
Enumerate in short the exceptional circumstances of the application of natural justice under Administrative Law.
Answer & Explanation:
Though the normal rule is that a person who is affected by administrative action is entitled to claim natural justice, that requirement may be excluded under certain exceptional circumstances as mentioned below: 1. Statutory Exclusion : The principle of natural justice may be excluded by the statutory provision. Where the statute expressly provides for the observance of the principles of natural justice, the provision is treated as mandatory and the authority is bound by it. Where the statute is silent as to the observance of the principle of natural justice, such silence is taken to imply the observance thereto. 2. Emergency : In exceptional cases of urgency or emergency where prompt and preventive action is required the principles of natural justice need not be observed. However, the determination of the situation requiring the exclusion of the rules of natural justice by the administrative authorities is not final and the court may review such determination. 3. Interim disciplinary action : The rules of natural justice are not attracted in the case of interim disciplinary action. 4. Academic evaluation : Where a student is removed from an educational institution on the grounds of unsatisfactory academic performance, the requirement of pre-decisional hearing is excluded. 5. Impracticability : Where the authority deals with a large number of person it is not practicable to give all of them opportunity of being heard and therefore in such condition the court does not insist on the observance of the rules of natural justice.
Topics: Administrative Law
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