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  • Submitted By-Ronak Sharma 06113403820 2 Year (B)

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    Tanishq Ahuja
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    Submitted By-Ronak Sharma 06113403820 2 Year (B)

    Uploaded by

    Tanishq Ahuja

    Copyright:

    © All Rights Reserved
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    of 10

    AUDI ALTERAM

    PARTEM

    SUBMITTED BY- RONAK SHARMA


    06113403820
    2ND YEAR (B)
    INTRODUCTION

     The maxim ‘Audi Alteram Partem’ means ‘hear the other side’, or ‘no man should
    be condemned unheard’ or ‘both the sides must be heard before passing any
    order’.
     The motive of this maxim is to provide an opportunity for other parties to respond
    to the evidence against him.
    MEANING
     This maxim has been applied to ensure fair play and justice to the person who is affected. It is
    mainly applicable in the field of administrative action.
     The procedure which is adopted should be just and fair. The person should be given an
    opportunity so that he can defend himself before the court of law.
     The principle of hearing is a code of procedure and thus covers every stage through which an
    administrative jurisdiction passes that is from notice to final determination.
    ESSENTIAL ELEMENTS
    1. Notice
    If an order is passed without giving notice then it is against the principle of natural justice and is void
    ab initio which means void from the beginning. Before any action is taken against any person, a
    notice must be served to them to give him a chance to show cause. Before taking any action, it is the
    right of the person to know the facts.
    In the case of Keshav Mills Co. Ltd. v. Union of India, it was held that the notice which is given to
    the parties should be clear and unambiguous. If it is ambiguous and it is not clear then the notice will
    not be considered as reasonable and proper.
    2. Hearing
    If the order is passed by the authority without providing a reasonable opportunity of being heard to the
    person affected by it adversely will be invalid. In the case of Fateh Singh v. State of Rajasthan, The
    reasonable opportunity of hearing which is also well known as 'fair hearing' is an important ingredient of
    the audi alteram partem rule.
    3. Evidence
    It is considered as one of the most important parts which are brought before the court when both the
    parties are present there and the judicial or quasi-judicial authority will act upon the evidence which is
    produced before the court. ( Stafford v. Minister of Health)
    4. Cross Examination
    The adjudicating authority in a fair hearing is not required only to disclose the person concerned with the
    evidence or material to be taken against him, but he should be provided an opportunity to rebut the
    evidence or material.
    In the case of Kanungo & Co. v. Collector of Customs, the Court held that the principles of natural
    justice do not require the authority to allow the person concerned the right to cross examine the
    witnesses in the matters of seizure of goods under the Sea Customs Act.

    5. Legal Representation
    the representation through a lawyer in the administrative adjudication is not considered as an
    indispensable part of the fair hearing. But, in certain situations, if the right to legal representation is
    denied, then it amounts to a violation of natural justice.
    Exceptions to Audi Ateram Partem
     Statutory Exclusion
    Natural justice is implied by the Courts when the parent statute under which an action is being taken
    by the Administration is silent as to its application. Exclusion to make reference to one side of
    hearing in statutory arrangement does not reject the hearing of the other party.
     Legislative Function
    The principles of natural justice can also be excluded by a provision of the Constitution also. The
    Indian Constitution excludes the principles of natural justice in Art. 22, 31(A), (B), (C) and 311(2) as
    a matter of policy. Nevertheless, if the legislative exclusion is arbitrary, unreasonable and unfair,
    courts may quash such a provision under Art.14 and 21 of the Constitution. 
     Impractibility
    Natural justice can be followed and applied when it is practicable to do so but in a situation when it is
    impracticable to apply the principle of natural justice then it can be excluded.
      Academic Evaluation
    Where nature of authority is purely administrative no right of hearing can be claimed. In Jawaharlal
    Nehru University v. B.S. Narwal, Supreme Court held that the very nature of academic adjudication
    appears to negative any right of an opportunity to be heard.
     Inter-Disclipinary Action
    In Inter- Disciplinary action like suspension etc. there is no requirement to follow the principle of
    natural justice.
    Conclusion
     The principle of natural justice has evolved through civilization. It has not evolved from the
    constitution but from mankind itself. Every person has the right to speak and be heard when
    allegations are being put towards him or her. 
      The meaning of the maxim itself says no person shall be condemned unheard. Hence, no case or
    judgment can be decided without listening to the point of another party. 
     Natural justice means that justice should be given to both the parties in a just, fair and reasonable
    manner. Before the court, both the parties are equal and have an equal opportunity to represent
    them.
    THANK YOU

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