Subject

Content

 Audi Alteram Partem

Nobel  Laurete Desmond TuTu  a human rights activists who sought attention internationally  to the  inequities of apartheid ⁽¹⁾  once said “If you are neutral in situations of injustice, you have chosen the side of the oppressor” highlighting the principle of Natural Justice^.(2)

We can refer to it as “Duty to act fairly” as described by Lord Parker, in other words not being bias.

The principles of natural justice rest on three pillars namely 1) Audi Alteram partem/ hearing rule, 2) Nemo judex in causa sua/ impartial decision and 3) Reasoned decision/speaking order, of which an emphasis is laid on the first rule by way of this Article.

Natural justice, is a principle based on Natural law and not on  Man-made law. It is not derived from any legislation, enactment or Constitution. Audi Alteram Partem or Audiatur et Attera Pars is one of the most significant maxim explaining the principle of Natural Justice. Natural Justice in Latin known as Jus natural, having its roots from Roman and Greek philosophies and religious books. The Stoic philosopher, Playwright, Saneca the Younger  known for his writings based on justice is often credited with formulation of this famous maxim  “Audi Alteram Partem”.

Later this Principle was strongly held by the Judges of common law courts in England, and is now a significant part of our legal system.

Literal meaning of the word Audi Alteram Partem is hear the other side, the other party should not be condemned unheard so   procedural fairness is very well implemented, without which the decision cannot be considered as fair. This principal is Ubiquitous and used more often in administration law, employment law and court proceedings. It ensures that actions, decisions and procedures are  fair, transparent and impartial.

Initially this principle was not applicable to administrative actions but a landmark judgment of Ridge V/S Baldwin (1964 AC 40), in this case the Chief Constable Charles Ridge was dismissed without giving an opportunity to defend his actions. He challenged the same on the grounds that the dismissal by the Brighton watch Company which was headed by George Baldwin was ultra virus and that the decision is unlawful. It was here that the House of lords held that there was a violation of Principle of Natural Justice over turning  the decision laid down 30 years before Ridge v/s Baldwin outlined by the Donoughmore Committee that the Doctrine of natural Justice does not apply to the administrative law.

Talking about Indian Case laws, Maneka Gandhi V/s Union of India (1978 AIR597) is a landmark Judgment wherein it was held that Right to life and personal liberty also guarantees a right to fair procedure. In this case the Petitioner  Maneka Gandhi’s passport was impounded without giving an opportunity  to be heard.

The  five fundamental principles followed in administrative law are Notice, Hearing, Evidence, Cross examination and  legal representation. ⁽⁴⁾

Swadeshi cotton mills v/s Union of India this too is a landmark judgment where Principles of Natural Justice were made applicable to Administrative actions^.

Now yet another question that arises is whether the Constitution of our country has any provisions or Articles providing for Natural justice? The Constitution does not include any definition as such of our Principles of natural Justice but yes these are integral part and are deeply ingrained in various fundamental rights including Art 14 “Right to equality”, Art 21”Right to life and personal liberty, Art 22 “ Protection against arrest and detention”, Art 311 “safeguards to civil servants” Art 32, 136 and 226, Writs, Constitutional remedies. Also the very  Preamble of our Constitution is aligned with the Principles of natural justice due to use of concepts like Social, Economic and political justice, as well as equality of opportunity and status.

1         Apartheid meaning separating people on racial basis, Tu Tu was known for his work against such policies Wikipedia

2         Famous quotes of Desmond Tu Tu

^{3        I pleader, article by Suryanshi Bhothra , citation 1981 AiR 818, 1981 SCC (1) 664.}

^{4        Manupatra Dec 11 2023 Audi altram partem and nemo judex….two pillars of Natural justice.}

Take away

Natural Justice    Meaning   Expalanation  Origin

Audi alteram Partem   Meaning    Origin   landmark judgments and citations

Constitution and Principles of Natural Justice

 Various Articles     Preamble

                                                                   Adv.Gayatri Kale Bhagwat

                                                                   Advocate Bombay High Court