28. PRINCIPLES OF NATURAL JUSTICE - Important words of caution

 27 PRINCIPLES OF NATURAL JUSTICE - Important words of caution

136. Important words of caution

Firstly, the Principles of Natural Justice only supplement the statutory rules but do not supplant them. Hence, if a particular aspect is regulated by provisions of any specific rule, the Principles of Natural Justice stand excluded to that extent [A.K. Kraipak v. Union of India, AIR 1970 SC 150).

137.              Secondly, they can also be waived. [In State of U.P. v. Sheo Shanker Lal Srivastava, C.A. No. 7358 of 2003 decided on 24.2.2006, the Hon'ble Supreme Court observed in para 15 – "It is, however, well known that the principles of natural justice can be excluded by a statute. It can also be waived.");

138.              Thirdly, the principles have no application if rule of necessity is attracted – "In a case where doctrine of necessity is applicable compliance of the principles of natural justice would be excluded." [She Shanker Lal Srivastava case supra , para 16); and

139.              Lastly, though the Principles of Natural Justice, must be given due importance, care must be taken against any over-emphasis. These principles cannot be elevated to the position of Fundamental Rights [Union of India v. J.N. Sinha, AIR 1971 SC 40].. The Rt. Hon. Lord Denning remarks:

140.              “The rules of natural justice should not be stretched too far. Only too often the people have done wrong seek to invoke the rules of natural justice so as to avoid the consequences (R. v. Secretary of State exparte Mughal, (1973)3 All England Law Reports p. 796].”