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Audi alteram partem: Definition and Meaning
It implies that nobody should be condemned without a voice. In Earth's civilized culture, it is assumed that a person who is the target of any action and whose right or interest is at stake will be given a decent opportunity to be on this planet. This natural justice principle aims to stop the government from violating someone's rights in an arbitrary manner. The authority with the capacity to impose sanctions has an implied duty to provide a reasonable opportunity for a hearing, given the nature of the task at hand.
What is Audi alteram partem?
The Latin expression "Audi alteram parterm" also means "Audiatur et altera pars." "Hear the other side" or "other side also heard" is what it means. No one should be judged without a fair hearing is a solid concept. This rule aims to provide each party with an opportunity to address the evidence brought against them. In other words, it is based on the idea that no one should be sentenced without first having a fair hearing during which all sides have the chance to present their own defenses.
Elements of Audi alteram partem
There are four elements of Audi alteram partem:
Notice − The Latin word "notitia," which means "being known to a thing," is the source of the English word "notice." Before the trial itself, notice, the first stage of a trial, is served on the opposing party to inform him of the facts and the case. This notification aids the opposing party in organizing his defense in light of the provided facts. It is a crucial component of all judicial proceedings, and any order made without issuing a notice will be null and void from the outset.
Case Law: In the case of Keshav Mills Co. Ltd. v. Union of India, the court held that the notice that is provided to the parties should be precise and unambiguous.
Hearing − This maxim counts the right to a fair trial as its second−most important component. Each party will have a chance to deliver their argument in accordance with this component. Any decisions made in violation of this component will be void. The phrase "undue haste" refers to the fact that the decision−making process by the authorities must not be rushed.
Case Law: Being given a reasonable opportunity to be heard is a necessary component of a fair trial, the honorable court said in the precedent−setting case of Harbans Lal v. Commissioner. Speaking or reading aloud are additional modes of hearing.
Evidence − It plays a significant role in the judgment process. It is presented before the court with the parties in attendance, and a judge or other quasi−judicial authority makes the decisions.
Case Law: In the case of Hira Nath v. Principal, it was clarified that the court may rely on information about prior convictions without giving the person who was convicted a chance to contest it. This means that evidence is not limited to formal proof.
Cross−examination − During a fair hearing, the court may not be able to identify the party in question or the evidence used against him, but it should nevertheless allow him a chance to challenge the testimony. The main argument put to the adjudicating authority is whether or not the witness should be cross−examined.
Case Law: In the case of Kanungo & Co. v. Collector of Customs, police inspected a person's commercial property and took some watches into custody in accordance with marine customs legislation. Cross−examination of the source of the information was not permitted. However, in this instance, the commodities confiscated in accordance with the marine customs statute do not breach the concept of natural justice. Since the principles of natural justice prohibit it, the concerned party cannot cross−examine the witness.
Importance of Audi Alteram Partem
The legal concept known as Audi Alteram Partem is crucial in ensuring that each accused person receives natural justice. This makes it easier to understand the opposing viewpoint and consider the supporting information. Natural justice is carried out when the choice is made to hear arguments from both sides before reaching a decision. By adhering to this concept, no party will be condemned without having received a fair hearing and the chance to present all relevant information to support their case.
The three short Latin words that make up the Latin proverb "audi alteram partem" have developed to indicate that no one shall be condemned, punished, or have any property or legal right compromised by a court without that person's hearing.
Conclusion
Natural justice is a concept that has existed since the dawn of humanity. The natural justice tenet "Audi Alteram Partem" is its cornerstone. These people support the need for a fair trial and the pursuit of justice in its truest sense. It involves things like the giving of notice, a fair chance to present your case, the ability to cross−examine witnesses, etc. The tenets of justice, fairness, and equity serve as the foundation of this maxim.
The components of this maxim are eased, nonetheless, in some exceptionally harsh circumstances. These circumstances include an emergency situation, an impracticality, a contractual arrangement, an interim order, etc. However, it is made clear that even when the rules are relaxed, justice always prevails.
Frequently Asked Questions
Q: What is the audi alteram partem rule?
Ans: Latin phrase "Listen to the other side" or "let the other side be heard as well" is "Audi alteram partem." Each side has a right to a fair trial and should have the chance to refute any evidence used against them, according to a fundamental legal concept.
Q: Which is the principle of natural justice?
Ans: The main goal of natural justice is to guarantee equity in societal and individual economic endeavors. Additionally, it protects individual freedom from any arbitrary action. The Indian constitution does not mention the concept of natural justice.
Q: What is rule against bias and Audi Alteram Partem?
Ans: The principle of fair hearing, or "hear the other side," is "Audi alteram partem." Audi alteram partem, or the notion of a fair hearing, is the second tenet of natural justice. It implies that no one shall be sentenced without being heard, and that the judging authority shall act fairly.
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