DEMYSTIFYING FAIRNESS: THE ROLE OF NATURAL JUSTICE IN THE CODE OF CIVIL PROCEDURE

AUTHOR – VANSHIKA SHUKLA, RESEARCH SCHOLAR (PH.D.) AT FACULTY OF LAW, BANASTHALI VIDYAPITH, JAIPUR

BEST CITATION – VANSHIKA SHUKLA, DEMYSTIFYING FAIRNESS: THE ROLE OF NATURAL JUSTICE IN THE CODE OF CIVIL PROCEDURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 576-584, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The concept of fairness is integral to the legal system, with natural justice playing a pivotal role in ensuring just and equitable outcomes in legal proceedings. In the context of the Indian legal framework, the Code of Civil Procedure (CPC) embodies principles of natural justice, which safeguard the rights of individuals by mandating fair procedures. The CPC incorporates fundamental tenets of natural justice, such as “audi alteram partem” (the right to be heard) and “nemo judex in causa sua” (no one should be a judge in their own case), which aim to prevent bias and ensure impartiality. These principles are reflected in various provisions of the CPC, including rules regarding the issuance of notices, the right to legal representation, and the opportunity to present evidence and cross-examine witnesses. Moreover, procedural safeguards such as the duty of judges to provide reasoned judgments reinforce transparency and accountability within the judiciary. By embedding these principles, the CPC not only upholds the rule of law but also fosters public confidence in the judicial system. However, the application of natural justice within the CPC is not without challenges, as procedural complexities and delays can sometimes hinder the timely dispensation of justice. Nonetheless, the role of natural justice remains crucial in balancing the scales of justice, ensuring that legal processes are conducted with fairness and integrity. This exploration demystifies the intricate relationship between natural justice and procedural law, highlighting how the CPC strives to maintain fairness in civil litigation and contributes to the broader objective of achieving justice in society.

Keywords: Fairness, Natural Justice, Code of Civil Procedure (CPC), Civil Litigation, Procedural Fairness, Impartiality, Due Process.