Carving Natural Justice into the Constitution of India

Abstract

There is no carving more deeply rooted in us than the carving of justice. It is generally assumed that nature is the source of justice which gets manifested in the law of human beings. Justice is conceived as natural law. It is understood as a moral instinct common to all men or as a divine dictate written on their hearts. It was thus a vague character and a great difficulty in its realization of the concrete rules of conduct. Disputes often arose as to the actual content of this natural law. Nevertheless, the recognition of the existence of such a law is not at all an area of dispute. Natural law is a powerful influence in maintaining the ideals of justice in the form of moral commandments of life. Natural law is a synonym of moral law. It refers to the principles of right or wrong. Natural justice is an ethical-legal concept that is based on the natural feeling of the human being. Rules of natural justice have developed with the growth of civilization. It is not the creation of the Constitution or mankind. It originated along with human history. To protect himself against the excess of organized power, man has always appealed to someone who is not been created by him and such someone could only be God and His laws, Divine law or Natural law, to which all temporal laws must and actions must conform. It is a great principle of humanization which informs law and procedures with fairness and impartiality.