Dev Dhar Dubey, National Law University Delhi
ABSTRACT
The principle of Audi Alteram Partem, often referred to as "hear the other side," is a fundamental tenet of natural justice in the Indian legal system. This abstract delves into the multifaceted dimensions of Audi Alteram Partem and its significance in ensuring fair and just decision-making processes. This research explores the historical evolution of Audi Alteram Partem in Indian jurisprudence, tracing its roots in the ancient legal traditions to its incorporation into the modern legal framework. It discusses how this principle acts as a bulwark against arbitrary and biased decisions by necessitating that parties involved in a legal proceeding are given an opportunity to present their case, respond to allegations, and provide evidence before a decision is made. Furthermore, the abstract examines the various facets of Audi Alteram Partem, including its application in administrative and quasi-judicial proceedings, as well as its intersection with the principles of natural justice such as the right to a fair hearing and impartial adjudication. It highlights landmark Indian court judgments that have shaped and defined the contours of this principle. Additionally, this research explores the challenges and dilemmas that arise in the practical application of Audi Alteram Partem, especially in complex cases and administrative decision-making, and how courts have addressed these issues.
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