Ex parte – Proceedings in the absence of the other party. Ex post facto
1️⃣ Ex parte
Meaning:
Latin: “From one party”
In law, it refers to proceedings or orders made by the court in the absence of one party—usually because the other party has not been notified or is unavailable.
Key Points:
Common in urgent or temporary matters where waiting for the other party could cause harm.
The absent party can later challenge or appeal the ex parte order.
Does not mean the absent party has no rights—it only refers to the temporary procedure.
Legal Examples:
Ex parte injunction: A temporary restraining order issued without hearing the other side.
Ex parte Custody Order: Courts may grant temporary custody of a child to one parent if immediate action is needed.
Case Law Example:
Ganguly v. Union of India – The Supreme Court of India observed that ex parte orders should be temporary and the other party must be given a chance to be heard subsequently.
2️⃣ Ex post facto
Meaning:
Latin: “After the fact”
Refers to laws or actions that are applied retroactively, i.e., after the act has already occurred.
Key Points:
Often used in criminal law. Ex post facto laws cannot criminalize acts that were legal when committed.
Prohibited in most modern constitutions because it violates the principle of fairness.
Legal Examples:
A law passed today making an act illegal cannot punish someone who did it last year when it was legal.
Constitutional Reference:
India: Article 20(1) of the Constitution prohibits ex post facto criminal laws.
United States: Article I, Section 9 and 10 prohibit ex post facto laws at federal and state levels.
Case Law Example:
Kedar Nath v. State of Bihar (1962) – The Supreme Court of India struck down retroactive application of a law imposing harsher punishment, citing Article 20(1).
✅ Summary Table
| Term | Meaning | Legal Context / Example |
|---|---|---|
| Ex parte | “From one party” | Court hearing/order in absence of other party, e.g., ex parte injunction |
| Ex post facto | “After the fact” | Retroactive law criminalizing past acts, e.g., Article 20(1) IPC protection |
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