Audi Alteram Partem — An outline

This article talks about how important it is to hear both sides in any type of conflict. This maxim ensures that justice and fair conduct must be done for both parties. This principle says that every person should be judged fairly by giving a chance to each party to respond to the evidence provided against them.

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Introduction —

Audi Alteram Partem is a Latin phrase that translates to “let the other side be heard as well”. Through this maxim, the notion of Natural Justice was brought into the big picture. Natural Justice is one of the concepts of civil law which says that any judgment given should be fair and rational, it imposes that equality must prevail no matter what the situation. The rule of Audi Alteram Partem is one of the prime concepts of natural justice which says that no one shall be faulted without hearing the complete facts from either of the parties. This rule explicitly delivers the message that justice will be given to both parties. The principle to listen and hear all sides is a general code of procedure that covers all the stages through which an executive authority exercises its proceedings. In a famous English decision in Abbott v. Sullivan, it was stated that “the principles of natural justice are easy to proclaim, but their precise extent is far less easy to define”. So in a crux, the main concept is that no man shall be a judge for his own case and both sides shall be heard.

Essential elements of the rule —

1. Notice: It is important to inform the party in advance against whom action will be taken through proper notice. If orders are passed without providing the proper required notice to the other party then that shall be considered as going against the rule of natural justice and will be invalid from the initial stage. It is a basic right of every natural person to be provided with complete facts as to the reason for action(s) against him/her. To commence any hearing proper notice should be given to all the parties involved.
2. Hearing: A fair and just hearing should take place and if the orders by the authorities are passed without hearing the parties or without giving them an equal opportunity to explain their facts, is adjudged not to be applicable. Hearing all the parties is the ultimate literal meaning of the maxim.
3. Evidence: It is the most important item to be produced before the court when all the parties are in attendance of the court. The authorities are deemed to provide judgments based on the facts and shreds of evidence provided by the parties.
4. Refutation: The court must allow the parties to do a cross-examination, i.e., counter-arguments so that if any evidence surrendered before the court by the opposite party is at fault the parties could deny the evidence and prove the opposite party wrong.
5. Legal Representation: All the parties may or may not have a person acting as a legal advisor for them. In some exceptional cases, there might be the requirement of such a person.

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Exceptions of the rule —

1. Statutory Exclusion: Statute means any written law which is passed by a legislative body. This exception says that if any prior notice provided is found to be obstructing from taking any prompt action and delaying the decision-making process then the right of prior notice might be excluded in such cases for example national emergencies.
2. Legislative Function: This means making, amending, and replacing laws. Legislative actions, unqualified or absolute, may not be conditioned to be under the rule of natural justice as these rules are addressed to the public at large and not specifically for any individual.
3. An Impractical Situation: In a situation where it is not possible to apply natural justice then such a case is deemed to be an exception to the rule of Audi Alteram Partem. For example, if a student is caught smoking inside the premises of a college that prohibits smoking has no say in this case and will be penalized accordingly.
4. Useless Formality: It is a situation where the facts which do not cause a dispute and only one cessation is possible then the principles of natural justice are not observed as it will be pointless to order such a perusal.

Conclusion —

Audi Alteram Partem is one of the principles of Natural Justice which is applicable to all situations. There are exceptions but this rule is about the basic right to hear the facts and pleadings of both sides (or all the parties involved). There have been many cases over the years where this principle was highlighted like Punjab National Bank v. All India Bank Employees Federation, Keshav Mills Co. Ltd. v. Union of India, Collector of Central Excise v. Sanwarmal, etc. Over the years this principle is highly recognized and put to use in almost all cases. The principle of hearing both sides evolved through civilization. No case or judgment can be decided without hearing all the parties involved, all are equal before the law, no matter your age, gender, caste, race, religion, equality prevails for justice.