From Dharma to Due Process: Reinterpreting Natural Justice through Indian Knowledge Systems

Abstract

The doctrine of natural justice is a foundational pillar of modern administrative and constitutional law, typically articulated through the Eurocentric genealogy of English common law. This article challenges this singular narrative by reinterpreting the conceptual foundations of procedural fairness through the lens of Indian Knowledge Systems (IKS). By mapping modern procedural safeguards—specifically the rule against bias and the right to a fair hearing—onto classical Indian jurisprudential categories such as dharma (normative duty) and nyāya (realized justice), the study reveals a sophisticated indigenous framework of ethical adjudication.
Unlike the Western focus on “transcendental institutionalism,” the IKS perspective situates procedural integrity within the moral accountability of the decision-maker and the deliberative tradition of samvāda (dialogic reasoning). The analysis demonstrates that concepts such as śravaṇa (hearing) and pramāṇa (evidentiary logic) provide robust analogues to contemporary due process. Ultimately, the article argues that integrating IKS into legal scholarship advances epistemic decolonization and methodological pluralism. By foregrounding procedural fairness as an inherent ethical commitment rather than a mere technical requirement, this reinterpretation offers a more inclusive and global understanding of the rule of law, reinforcing the legitimacy of administrative authority in diverse legal cultures.