In L. Chandra Kumar v. Union of India and Ors., (supra), it
was observed that the judicial review is a basic feature of the constitution
of India and even by making a provision in the Constitution, such a power
cannot be taken away.
"11. The concept of principles of natural
justice has undergone a radical change. It is
not in every case, that the High Courts
would entertain a writ application only on
the ground that violation of principles of
natural justice has been alleged. The apex
court, in State Bank of Patiala and Ors. v.
S.K. Sharma
has clearly held that a person complaining
about the violation of the principles of
natural justice must show causation of a
prejudice against him by reason of such
violation. The apex court has held that the
principles of natural justice, may be said to
have been violated which require an
intervention when not hearing, no
opportunity or no notice has been given.
47. It is true that in Mrs. Maneka Gandhi v. Union of India and
Anr., (supra), the Apex Court laid down that the principles of natural
justice have to be complied with in the event, the person concerned suffers
civil or evil consequences, but the said rule would be applied subject to the
'Prejudice Doctrine'.
Rattan Lal
Sharma's case (supra) thus, in fact, has not
expressed any opinion which runs counter to
that in Girja Shankar's case (2000 AIR SCW
3826) (supra) and the decision in the last
noted case thus follows the earlier judgment
in Rattan Lal's case even
though not specifically noticed therein.