The Doctrine of Ex Debito Justitiae: A Comprehensive Exploration of Justice as an Inherent Right

Introduction

The doctrine of ex debito justitiae is a powerful and enduring principle in the legal spectrum. It advocates the principle that justice is not a discretion of the courts. It makes sure that no one should have to suffer because of errors made by the legal system. It ensures that when someone’s rights are violated, they have an opportunity to seek fair and equal justice. Ex debito justitiae is a tool against the judicial arbitrary discretions and keeping legal systems accountable.

Historical Background

The doctrine of ex debito justitiae originates from the tradition of English common law when it was a reaction to the necessity of equitable remedies in instances where strict legal rules could bring about unjust consequences. The name itself is evidence of the philosophical premise that justice is a debt of society and its institutions towards people. This debt is borne out of the social contract supporting the rule of law, in which citizens abdicate specific liberties in expectation of having their rights protected as well as their justice administered.

The doctrine of ex debito justitiae is an instrument for accessing the natural justice principles, i.e. fairness, equity, and the right to be heard.  The doctrine of ex debito justitiae is a practical aspect of the legal maxim ubi jus, ibi remedium, which means “where there is a right, there is a remedy”. In the case, Rupa Ashok Hurra vs Ashok Hurra, the Supreme Court agreed that the court should act ex debito justitiae. The court ruled that the doctrine of ex debito justitiae is limited by the judgment in this case. In the case HDFC Bank Ltd. v. Union of India, the Supreme Court invokes the doctrine of ex debito justitiae to hear HDFC’s plea challenging RBI directions mandating the disclosure of confidential & sensitive information. The court emphasized the principle of ex debito justitiae to prevent abuse of process and to correct a gross miscarriage of justice. The court stated that no person should endure harm because of procedural mistakes or irregularities.

Applications of the Doctrine in Legal Practice

The doctrine of ex debito justitiae gets expression in every aspect of the law, starting from civil law and criminal law and extending even to constitutional and administrative law. Its applications also vary, though based on the underlying principle of secure justice as of right. Some of the key areas where the doctrine is prominently applied are:

1. Writs

In constitutional and administrative law, some writs are granted ex debito justitiae to safeguard fundamental rights and avoid the misuse of power. For instance:

•Habeas Corpus: Writ of Habeas Corpus protects the right of individual liberty when a person is illegally detained. The court cannot refuse the writ once the illegal detention is determined.

•Mandamus: a writ of mandamus can be issued ex debito justitiae to compel a public authority to discharge an obligation enjoined by law so that justice is not obstructed by non-action or negligence.

•Certiorari and Prohibition: They are issued to correct jurisdictional errors or prevent abuses of authority by lower courts or tribunals. Where relief is apparent in such errors, it is granted as a matter of right.

2. Default Judgments

In civil cases, if during the absence of the defendant, a default judgment is passed against the defendant, the defendant can apply for the judgment to be set aside ex debito justitiae. A party infringed the chance to put forward the case would be deemed as a denial of justice. However, the applicant must prove that his absence is not due to intentional negligence or bad faith.

3. Restitution and Restorative Justice

The doctrine is also used in situations requiring restitution or restoration to correct a wrong. For example, where a property has been wrongly acquired or withheld, the court can order it to be returned ex debito justitiae so that the party wronged is placed in their rightful position. This application demonstrates how the doctrine is used to bring about restorative justice and address imbalances resulting from wrongful conduct.

4. Acquittals in Criminal Law 

In criminal cases, if an accused is acquitted on grounds of lack of evidence, procedural flaws, or infringement of their rights by applying this doctrine. It is granted as the accused has the right to prevent injustice, even if the court has doubts about the innocence of the accused. This is associated with the principle of Blackstone which says that ten guilty should be set free than for one innocent to suffer.

5. Appeals

In appeal proceedings, where a party can request relief ex debito justitiae if a decision of a lower court is manifestly unjust or erroneous. Appeal courts should rectify such errors to uphold justice.

Exceptions

Although the doctrine of ex debito justitiae is a principle of the right to justice, it is not absolute. Courts have some discretion in applying it, especially where giving relief as of right could result in unjust consequences.

• Delay: when a party has unreasonably delayed in seeking relief, the court can deny the application of the doctrine since delay may prejudice the other party and impair the integrity of the legal process.

• Bad Faith or Misconduct: Where the applicant has been in bad faith or has been guilty of misconduct, the court can refuse relief by ex debito justitiae to avoid abuse of the legal process.

• Statutory Limitations: The doctrine does not prevail over statutory provisions or procedural rules stipulating special conditions for relief.

Conclusion

The ex debito justitiae doctrine is a universal and essential concept that emphasizes the fundamental right of persons to justice. It reminds the principle that legal systems are not to grant discretionary favors but to protect the rights and freedoms of every person. Even though this doctrine is subject to certain restrictions, the doctrine continues to be a strong instrument in the pursuit of the principle of natural justice. Through the evolution of legal systems, the doctrine of ex debito justitiae will continue to remain an essential instrument in protecting the rule of law and promoting justice for everyone.

This article is authored by HASHIM AK. He was among the Top 40 performers in the Quiz Competition on Mergers and Acquisitions organized by Lets Learn Law.