About Audi Alteram Partem:
- The literal meaning of Audi Alteram Partem is to “hear the other side”.
- It denotes that every party shall get an opportunity of hearing and no one shall go unheard in a case.
- Under this doctrine, every party shall get an opportunity to plead and assert evidence to support his case.
- This ensures a fair hearing and fair justice to both the parties.
- No decision can be declared without hearing both the parties. The aim of this principle is to give an opportunity to both the parties to defend themselves.
- The doctrine is the basic concept of the principle of natural justice.
- The following are the key components of this doctrine:
- Notice:
- Before any action is taken, the affected party must be given a notice to show cause against the proposed action and seek his explanation.
- A notice must contain the time, place and date of hearing, jurisdiction under which the case is filed, the charges, and proposed action against the person.
- Any order passed without giving notice is against the principles of natural justice and is void.
- Hearing:
- The order passed by the authority without providing the reasonable opportunity of being heard to the person affected by it adversely will be invalid and must be set aside.
- Evidence:
- It is an important part which is to be brought properly before the Court in the presence of both the parties and a judicial or quasi judicial authority must have to act on the evidence produced as in the case.
- Cross-Examination:
- Every person has the right to contest or object to the evidence presented by the other party.
- Legal Representation:
- Every person is not able to present his case assertively. Thus, he needs some assistance from a specialised legal attorney to present his case.
- The Indian Constitution also provides that every person has a right to get legal assistance.
- Exceptions to the doctrine of Audi Alteram Partem:
- The word exception doesn’t mean the principles of natural justice and fair play will not be there.
- These exceptions only denote those conditions in which nothing unfair will occur, even if certain conditions of this maxim are relaxed.
- Some conditions for exceptions are:
- Emergency;
- Confidentiality;
- Impractibility;
- Statutory Exclusion;
- Legislative Function
