EXCEPTIONS TO THE RULE OF AUDI ALTERAM PARTEM:

Audi alteram partem means that listen to the other side or let the other side be heard as well. It is one of the core principles of Natural Justice. It is a principle that no person should be judged without a fair hearing in which each party is allowed to respond to the shreds of evidence that is placed against them with representatives of their choice, in their defense. The exceptions to the rule are:

  1. STATUTORY EXCLUSION- A statute can exclude the principles of natural justice either expressly or by necessary implications, but such a statutory order must be challenged under Article 14.[1]In the case of Ram Krishna Verma vs the State of UP,[2] it was held that principles of natural justice cannot be applied when the parent statute is under application and it can exclude it.
  • LEGISLATIVE FUNCTION- In the case of Charan Lal Sahu vs Union of India,[3] the Supreme Court held that the overtaking of the State to represent the people who were poor and illiterate is allowed and the Act which permits this stands valid. The legislative actions are not subject to the principles of natural justice because these rules lay down a policy without referring to a particular individual.
  • IMPRACTIBILITY- These principles are to be followed only when it is practically possible and not otherwise. In the case of Bihar School Examination Board vs Subhash Chandra,[4]all students of the school were caught cheating and the examination was cancelled and this was held to be not practical.
  • EMERGENCY-. In the case of Swadeshi Cotton Mills vs. Union of India,[5] it was held that the word “immediate” in a statutory provision cannot affect the principles of natural justice. The situation that demands immediate attention or is preventive or remedial, in those cases one cannot wait for the proper application of principles of natural justice.
  • CONFIDENTIALITY- This means matters like, when access to a police surveillance register is required, in that case, these principles can be ignored. In the case of Malak Singh vs. State of Punjab and Haryana,[6]it was stated that the police register is a confidential document and nobody is allowed to touch it, so the violation of principles is allowed.
  • ROUTINE MATTERS- It refers to the situations when only one decision is possible under the court of law, then these can be excluded. In the case of Aligarh Muslim University vs. Mansoor Ali Khan,[7] a rule in an office provided that if a person remains absent for a definite period, then he would be automatically terminated. The employee was absent and hence removed so, in this case, no use of principles of natural justice as it would make no difference if the employee is heard.
  • INTERIM PREVENTIVE ACTIONS- This includes matter when order is just a suspension order and not a final decision, then the principles be excluded. In the case of Abhay Kumar vs. V.K. Srinivasan,[8] when a temporary order was passed to suspend students of the college, till a criminal case was ongoing between 2 students was valid and it does not require the principles of natural justice.

[1] https://www.mentalhelp.net/self-help/humanistic-theory/, last visited 29/05/2021.

[2] Ram Krishna Verma vs State of UP

[3] Charan Lal Sahu vs Union of India, AIR 1990 SC 1480.

[4] Bihar School Examination Board vs Subhash Chandra, 1970 AIR 1269.

[5] Swadeshi Cotton Mills vs. Union of India, AIR 1981 SC 818.

[6] Malak Singh vs. State of Punjab and Haryana, 1981 1 SCC 420.

[7] Aligarh Muslim University vs. Mansoor Ali Khan, AIR 2000 SC 2783.

[8] Abhay Kumar vs. V.K. Srinivasan, AIR 181 Delhi 381.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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