Explain the right of naturopathic practitioners in Constitution of India
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Naturopathy or naturopathic medicine is a form of pseudoscientific, alternative medicine that employs an array of practices branded as "natural", "non-invasive", and as promoting "self-healing." The ideology and methods of naturopathy are based on vitalism and folk medicine, rather than evidence-based medicine.[1] Naturopathic practitioners generally recommend against modern medical practices, including but not limited to medical testing, drugs, vaccinations, and surgery.[2][3][4][5] Instead, naturopathic study and practice rely on unscientific notions, often leading naturopathic doctors to diagnoses and treatments that have no factual merit.[6][7]
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In The Constitution of India, nowhere the expression Natural Justice is used. However, golden thread of natural justice sagaciously passed through the body of Indian constitution. Preamble of the constitution includes the words, ‘Justice Social, Economic and political’ liberty of thought, belief, worship... And equality of status and of opportunity, which not only ensures fairness in social and economical activities of the people but also acts as shield to individuals liberty against the arbitrary action which is the base for principles of Natural Justice.
Apart from preamble Art 14 ensures equality before law and equal protection of law to the citizen of India. Art 14 which strike at the root of arbitrariness and Art 21 guarantees right to life and liberty which is the fundamental provision to protect liberty and ensure life with dignity. Art 22 guarantees natural justice and provision of fair hearing to the arrested person. Directive principles of state Policy specially Art 39-A takes care of social, economic, and politically backward sections of people and to accomplish this object i.e. this part ensure free legal aid to indigent or disabled persons, and Art 311 of the constitution ensures constitutional protection to civil servants. Furthermore Art 32, 226, and 136 provides constitutional remedies in cases violation of any of the fundamental rights including principles of natural justice. With this brief introduction author undertakes to analyze some of the important provision containing some elements of Principle of Natural Justice.
2. Constitutional Provisions relating to the ‘Principles of Natural Justice’
2 (a) Article 14: as we know that this Article guarantees equality before law and equal protection of law. It bars discrimination and prohibits both discriminatory laws and administrative action. Art 14 is now proving to be bulwark against any arbitrary or discriminatory state action. The horizons of equality as embodied in Art 14 have been expanding as a result of the judicial pronouncements and Art 14 has now come to have a highly activist magnitude. It laid down general preposition that all persons in similar circumstance shall be treated alike both in privileges and liabilities imposed.
Art 14 manifests in the form of following propositions:
(i) A law conferring unguided and unrestricted power on an authority is bad for being arbitrary and discriminatory.
(ii) Art. 14 illegalize discrimination in the actual exercise of any discretionary power.
(iii) Art. 14 strikes at arbitrariness in administrative action and ensures fairness and equality of treatment.
In some cases, the Courts insisted, with a view to control arbitrary action on the part of the administration, that the person adversely affected by administrative action be given the right of being heard before the administrative body passes an order against him. It is believed that such a procedural safeguard may minimize the chance of the Administrative authority passing an arbitrary order. Thus, the Supreme Court has extracted from Art. 14 the principle that natural justice is an integral part of administrative process.
Art. 14 guarantee a right of hearing to the person adversely affected by an administrative order. In Delhi Transport Corporation v. DTC Mazdoor Union, SC held that “the audi alteram partem rule, in essence, enforce the equality clause in Art 14 and it is applicable not only to quasi-judicial bodies but also to administrative order adversely affecting the party in question unless the rule has been excluded by the Act in question.” Similarly in Maneka Gandhi v. Union of India SC opined that Art 14 is an authority for the proposition that the principles of natural justice are an integral part of the guarantee of equality assured by Art. 14 an order depriving a person of his civil right passed without affording him an opportunity of being heard suffers from the vice of violation of natural justice.
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Apart from preamble Art 14 ensures equality before law and equal protection of law to the citizen of India. Art 14 which strike at the root of arbitrariness and Art 21 guarantees right to life and liberty which is the fundamental provision to protect liberty and ensure life with dignity. Art 22 guarantees natural justice and provision of fair hearing to the arrested person. Directive principles of state Policy specially Art 39-A takes care of social, economic, and politically backward sections of people and to accomplish this object i.e. this part ensure free legal aid to indigent or disabled persons, and Art 311 of the constitution ensures constitutional protection to civil servants. Furthermore Art 32, 226, and 136 provides constitutional remedies in cases violation of any of the fundamental rights including principles of natural justice. With this brief introduction author undertakes to analyze some of the important provision containing some elements of Principle of Natural Justice.
2. Constitutional Provisions relating to the ‘Principles of Natural Justice’
2 (a) Article 14: as we know that this Article guarantees equality before law and equal protection of law. It bars discrimination and prohibits both discriminatory laws and administrative action. Art 14 is now proving to be bulwark against any arbitrary or discriminatory state action. The horizons of equality as embodied in Art 14 have been expanding as a result of the judicial pronouncements and Art 14 has now come to have a highly activist magnitude. It laid down general preposition that all persons in similar circumstance shall be treated alike both in privileges and liabilities imposed.
Art 14 manifests in the form of following propositions:
(i) A law conferring unguided and unrestricted power on an authority is bad for being arbitrary and discriminatory.
(ii) Art. 14 illegalize discrimination in the actual exercise of any discretionary power.
(iii) Art. 14 strikes at arbitrariness in administrative action and ensures fairness and equality of treatment.
In some cases, the Courts insisted, with a view to control arbitrary action on the part of the administration, that the person adversely affected by administrative action be given the right of being heard before the administrative body passes an order against him. It is believed that such a procedural safeguard may minimize the chance of the Administrative authority passing an arbitrary order. Thus, the Supreme Court has extracted from Art. 14 the principle that natural justice is an integral part of administrative process.
Art. 14 guarantee a right of hearing to the person adversely affected by an administrative order. In Delhi Transport Corporation v. DTC Mazdoor Union, SC held that “the audi alteram partem rule, in essence, enforce the equality clause in Art 14 and it is applicable not only to quasi-judicial bodies but also to administrative order adversely affecting the party in question unless the rule has been excluded by the Act in question.” Similarly in Maneka Gandhi v. Union of India SC opined that Art 14 is an authority for the proposition that the principles of natural justice are an integral part of the guarantee of equality assured by Art. 14 an order depriving a person of his civil right passed without affording him an opportunity of being heard suffers from the vice of violation of natural justice.
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