You are on page 1of 2

One thinks of license in its primary sense as an expression of a grant of leave; and as the

licensor may, if factually any person not get permitted to do any act then he try to go for illegal
means, there are several authority at ground level to check these activities of individual by
enjoying administrative procedure. The concept of license is based on the principle of natural
justice, the term natural justice express the close relationship between the common law and
moral principle and it has an impressive ancestry. Natural justice is a branch of public law. It
is a formidable weapon which can be wielded to secure justice to citizen. Rules of natural
justice are “basic value” which a man has cherished throughout the ages. They are embedded
in our constitutional frame work and their glory and primacy cannot be allowed to be
submerged by exigencies of particular situation or cases. As clearly shown here that our
constitution has a significance of this popular principle and by virtue of this we have
fundamental right with some restriction and the ambit of license comes under this umbrella to
some extent1. It is Principle of natural justice control all actions of public authorities by
applying rules relating to reasonableness, good faith and justice, equity and good conscience.
Natural justice is a part of law which relates to administration of justice. Rules of natural justice
are indeed great assurances of justice and fairness2. The statement above shown here tell us
that administrative law put all local authorities in to motion to work in a proper manner with
keeping the value of Principle of natural justice, doing all his step in a good faith and
conscience. The standard which these principles provide is that there should be the right to fair
hearing and absence of biasness to the individuals in the decision making process. The
importance of these principles can be measured from the fact that with the passage of time they
over ride all other laws. As Lord Evershed, Master of the Rolls in Vionet v Barrett remarked,
that “Natural Justice is the natural sense of what is right and wrong.‟‟ Generally it may be said
that these principles apply to the exercise of a decision-making power by a public body and
public policy where this may have detrimental consequences for the person or persons
affected3.
In India there is no statute laying down the minimum procedure which administrative agencies
must follow while exercising decision-making powers. This minimum fair procedure refers to
the principles of natural justice. Natural justice is a concept of common law and represents
higher procedural principles developed by the courts, which every judicial, quasi-judicial and
administrative agency must follow while taking any decision adversely affecting the rights of
a private individual. Natural justice implies fairness, equity and equality. In a welfare state like
India, the role and jurisdiction of administrative agencies is increasing at a rapid pace. The
concept of Rule of Law would loose its validity if the instrumentalities of the State are not
charged with the duty of discharging these functions in a fair and just manner. In India, the
principles of natural justice are firmly grounded in Article 14 & 21 of the Constitution. With
the introduction of concept of substantive and procedural due process in Article 21, all that
fairness which is included in the principles of natural justice can be read into Art. 21. The
violation of principles of natural justice results in arbitrariness; therefore, violation of natural
justice is a violation of Equality clause of Art. 14. With all views and the concept of Natural
justice it is easy to conclude that licensing power is exercised in keeping the value of natural
justice. License authority have to go through each corner of natural justice so that they can

1
Lecture on Administrative Law, C.K Takwani, 6th Edition , Eastern Book Company
2
Union of India v. Tulsiram Patel (1985) 3 SCC:398 AIR 1985
3
https://www.textroad.com/pdf/JAEBS/J.%20Appl.%20Environ.%20Biol.%20Sci.,%204(9)68-72,%202014.pdf
build a proper and smooth running body in this era of development of administrative law. These
authority are at the ground level and it can be easy for them to regulate the people in a better
manner, licensing power is merely a power to grant permission so it is primary duty of these
bodies is free from biasness and shows equality before the public and they follow basic rule of
law.

You might also like