audi alteram partem

This is the second main rule of natural justice (with the rule against bias). Before a decision adversely affects a person's rights or interests, he must be given notice of the case against him, a fair opportunity to answer it, and disclosure of the material relied on. Depending on the context, it may also include the right to cross-examine, to legal representation and to a reasoned decision.

The content of the hearing is flexible, and it may be excluded by statute expressly or in an emergency, where a post-decisional hearing may suffice. After A.K. Kraipak (1969) it applies to administrative as well as quasi-judicial action, and after Maneka Gandhi (1978) it is part of the fair procedure required by Articles 14 and 21.

Example

The passport was impounded without giving the holder any chance to respond, which violated audi alteram partem as applied in Maneka Gandhi.

In Indian law

• Maneka Gandhi v. Union of India, 1978 INSC 16
• A.K. Kraipak v. Union of India, 1969 INSC 129

See also

natural justice · nemo judex in causa sua · reasoned decision · ex parte

Read more in the study notes

• Audi alteram partem: the right to a fair hearing (Administrative Law)
• The rule against bias (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Institution of suits and service of summons (sections 26 to 31, Orders IV and V) (Civil Procedure Code and Limitation Act)
• Services under the Union and States: protection of civil servants (Constitutional Law II)
• The nature of the judicial process: Cardozo and the common law model (Judicial and Legislative Process)