Audi alteram partem – let the other party be heard
Meaning of Audi Alteram Partem
Audi Alteram Partem is a Latin legal maxim meaning “Let the other party be heard”.
It is a fundamental principle of natural justice.
According to this principle, no one should be condemned or adversely affected by a decision without being given a fair opportunity to present their case or defend themselves.
Essence of the Principle
Ensures fairness in judicial and administrative proceedings.
Both parties must be given:
Notice of the proceedings – So they know what they are being accused of.
Opportunity to be heard – Oral or written, to present evidence, arguments, or explanation.
Right to examine evidence and cross-examine witnesses in appropriate cases.
Violation of this principle renders the decision null and void, even if the decision itself is otherwise correct.
Scope
Courts and Tribunals: Must allow the accused or respondent to present their case.
Administrative Authorities: Must give notice before taking adverse action (e.g., dismissal, suspension, penalty).
Exceptions:
In urgent cases, immediate action may be taken, but the party must be given an opportunity after the action.
Where statutory provisions explicitly provide otherwise.
Case Law in India
Maneka Gandhi vs. Union of India (1978, SC)
Supreme Court emphasized that procedural fairness and personal liberty are part of natural justice.
Held that a person cannot be deprived of liberty without giving a fair hearing.
Union of India vs. Tulsiram Patel (1985, SC)
Court held that a government servant cannot be punished without issuing a charge-sheet and giving opportunity to reply.
Reinforced the principle of audi alteram partem in service matters.
Rameshwar Prasad vs. Union of India (2006, SC)
Election Commission’s action of dismissing complaints without hearing parties violated audi alteram partem.
Court reiterated that every person affected by an action must be given a chance to present their case.
Practical Implications
For Courts: Must ensure both sides are heard before passing judgment.
For Employers/Authorities: Must issue notice and provide opportunity to respond before taking disciplinary action.
For Individuals: Right to fair hearing can be invoked if proceedings are biased or one-sided.
Summary
Audi Alteram Partem = Let the other party be heard.
Core of natural justice: Fairness, impartiality, and opportunity to defend.
Violation: Any decision taken without hearing the affected party is invalid.
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