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The document discusses the doctrine of Audi Alteram Partem (hear the other side) as it applies to legal proceedings in India. It outlines the stages of Audi Alteram Partem, including the right to notice of allegations, the right to know evidence, and the right to present one's own case. Exceptions to the principle include cases where a statute explicitly excludes it, where public interest is a concern, or for legislative actions. The conclusion emphasizes that no person should be condemned without having the opportunity to be heard according to this fundamental principle of natural justice.

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Aniket Sachan
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26 views

Admin Synop

The document discusses the doctrine of Audi Alteram Partem (hear the other side) as it applies to legal proceedings in India. It outlines the stages of Audi Alteram Partem, including the right to notice of allegations, the right to know evidence, and the right to present one's own case. Exceptions to the principle include cases where a statute explicitly excludes it, where public interest is a concern, or for legislative actions. The conclusion emphasizes that no person should be condemned without having the opportunity to be heard according to this fundamental principle of natural justice.

Uploaded by

Aniket Sachan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Dr.RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

SYNOPSIS: ADMINISTRATIVE LAW

Project on Topic

“The Application of the Doctrine ‘Audi Alteram Partem’ in Legal Service”

Submitted to Submitted by

Dr. R.K. Yadav Aniket Sachan


Asstt. Professor (Law) Roll no – 28
Dr. Ram Manohar Lohiya Enrollment id-170101028
National Law University B.A. LLB(HONS), Vth semester
SECTION-“A”
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 TABLE OF CONTENTS

 Introduction
 Audi Alteram Partem
 Stages of audi alteram partem
 Right to notice
 Right to know evidence against him
 Right to present case and evidence
 Right to rebut evidence
 Exception to principle of natural justice
 Public interest
 Legislative actions
 Statutory exception
 Conclusion

”
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 INTRODUCTION
The rule of natural justice has evolved with the growth of civilization. Natural justice is the
concept of common law which implies fairness, reasonableness, equality and equity. In India,
the principles of natural justice are the grounds of Article 14 and 21 of the Constitution.
Article 14 enshrines that every person should be treated equally. Article 21 in its judgment
of Maneka Gandhi vs. The Union of India, it has been held that the law and procedure must be
of a fair, just and reasonable kind. The principle of natural justice comes into force when no
prejudice is caused to anyone in any administrative action. There is two main principle of
natural justice:

 Nemo in propria causa judex, esse debet


 Audi Alteram Partem

 AUDI ALTERAM PARTEM


The principle of Audi Alteram Partem is the basic concept of the principle of natural justice.
This doctrine states the no one shall be condemned unheard. This ensures a fair hearing and
fair justice to both the parties. Under this doctrine, both the parties have the right to speak. The
aim of this principle is to give an opportunity to both the parties to defend themselves.

 STAGES OR STEPS OF AUDI ALTERAM PARTEM

 Right to notice: Before taking any action, it is the right of the person to know the
facts. Without knowing the facts of the case, no one can defend himself. The right
to notice means the right of being known.
 Right to know the evidence against him: every person has right to know the
evidence to be used against him. Therefore, the evidence to be used against the party
should be disclosed to him.

 Right to present case and evidence: It is the right guaranteed to both the parties to
represent their case. This can be done orally or in writing.

 Right to rebut evidence: It is the right of the opposite party to rebut the issue raised
against him. It is the duty of the court to grant permission for a rebuttal to the party
so that he can express his views and defend himself.
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 EXCEPTIONS TO THE PRINCIPLE OF NATURAL JUSTICE


Under these certain expectations, the principle of Audi Alteram Partem is held inapplicable to
the fair play in action.

 Statutory Exclusion: When a statute itself makes it clear that the doctrine of Audi
Alteram Partem is not in the purview of the Act, then there will be no hard and fast
rule.

 Public interest: Any act or thing done against the interest of the general public will
be held void ab initio. As being a democratic country, the laws are made for the
benefit of the public. Hence, if there is a hidden interest of the public in any issue,
then the principle of Audi Alteram Partem will be excluded.

 Legislative actions: When the law making body itself propounds that this principle
will not be applicable in the said statute, then this principle is not applicable in the
cases which will come under the particular statute.

 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 Latin maxim, ‘Audi Alteram Partem’ is the
principle of natural justice where every person gets a chance of being heard. 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. “The principle that no man should
be condemned unheard, is a principle which cannot be exhaustively defined. It embraces a wide
range of situations in which acts or decisions have civil consequences for individuals by
directly affecting their legitimate interests or expectations.

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