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Natural justice principles (audi alteram partem, nemo judex) can be excluded in emergency situations where immediate action is required to prevent harm, but such exclusion must be expressly provided by statute and subject to post-decisional hearing.
- True
- False
Answer: True
Natural justice exceptions in emergencies: (a) General rule: Natural justice applies to administrative/quasi-judicial decisions affecting rights; implicit in Article 14/21, (b) Emergency exception: Can be excluded if: (i) Statute expressly provides for exclusion (clear legislative intent), (ii) Immediate action required to prevent harm (public safety, national security), (iii) Post-decisional hearing provided: Affected person given opportunity to be heard after emergency action, (c) Applications: (i) Preventive detention: Initial detention without hearing, but advisory board review within 3 months (Article 22), (ii) Epidemic control: Immediate quarantine orders, but appeal mechanism, (iii) Financial emergency: Immediate salary reductions, but parliamentary oversight, (d) Limits: Exclusion must be narrowly construed; courts scrutinize whether emergency justification genuine, post-decisional hearing meaningful, (e) Balance: Enables swift crisis response while preserving fairness through post-action review. Illustrates calibrated administrative law: flexibility for emergencies within framework of procedural fairness.