The maxim "audi alteram partem", meaning "let the other side be heard," is a foundational principle of natural justice and due process. It mandates that no person shall be condemned or have a decision rendered against them without being afforded a reasonable opportunity to present their case. This principle is integral to ensuring fairness in judicial and quasi-judicial proceedings.
Key Principles -
1. Right to a Fair Hearing:
All courts and adjudicatory authorities are duty-bound to provide every party likely to be affected by a decision with an opportunity to be heard. Any order passed in violation of this right is liable to be declared invalid and set aside.
2. Requirement of Notice:
The affected party must be served with a clear and unambiguous notice specifying the time, place, and nature of the hearing, as well as the particulars of the charges or proposed actions. Absence of adequate notice vitiates the proceedings.
3. Right to Present Evidence & Cross-Examine:
Parties must be allowed to adduce evidence in support of their case and to challenge, by way of cross-examination, the evidence led against them. The denial of this right constitutes a breach of natural justice.
4. Obligation to Provide Reasoned Decisions:
Adjudicatory bodies are required to record reasons for their decisions. This ensures transparency, facilitates accountability, and is an essential facet of the *audi alteram partem* doctrine.
5. Constitutional Foundation:
The principle finds implicit recognition in Articles 14 and 21 of the Constitution of India, which guarantee equality before the law and protection of life and personal liberty, respectively.
6. Exceptions:
While exceptions to the rule of *audi alteram partem* exist—such as in cases of urgency, public interest, or where expressly excluded by statute—such exceptions are construed strictly and sparingly to prevent miscarriage of justice.
👨🏫 Prof. Sudesh Kumar
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