Reasoned decision as an integral component of principle of natural justice a study

Abstract

The study deals with the reasoned decision as a principle of natural justice wherein the concept, importance and significance of reasoned decisions are discussed. Giving of reasons in support of an order is considered to be the third principle of natural justice. The concept and doctrine of Principles of Natural Justice and its application in Justice delivery system is not new. It seems to be as old as the system of dispensation of justice itself. It has by now assumed the importance of being, so to say, quotan essential inbuilt componentquot of the mechanism, through which decision making process passes, in the matters touching the rights and liberty of the people. Apart from providing the subject matter of philosophical dissertations and speculative theories of the origin and attributes of natural law, the concept of natural law has made invaluable contribution to the development of positive law. The study deals with Constitutional Provisions and Legislative measures. It provides that in India, the principles of natural justice are implicit in the few of constitutional provisions. Researcher has discussed various legislative measures giving importance of reasoned decision like that of Right to Information act, lokpal act 2013, whistle blower act 2011, passport act 1947, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement act, 2013 and citizenship act 1955. Further, it studies the reasoned decision and judicial attitude. Researcher has discussed the empirical study of reasoned decision proving the hypothesis of the study. It proves that reasoned decision makes the public administration just, fair and reasonable. Also public participation compels the administrative authorities to give reasoned decision. newline