AUDI ALTERAM PARTEM

Definition

 “no one should be condemned, punished, or deprived of his life or

property in any judicial proceeding, unless he had an opportunity of
being heard.”
 Meaning

 Latin phrase meaning “Hear the other side”

 No man shall be condemned unheard.
 One of the core principle of natural justice.
 It is most often used to refer to the principle that no person should be
judged without a fair hearing in which each party is given the
opportunity to respond to the evidence against them.
 A person cannot be declared guilty without giving him a chance to
defend himself and argue for himself.
 1. Right to notice - Place, time and date of hearing and the officer
conducting the hearing must be intimated to the parties. Further, the
allegations against them should be made known to them, so that they
can answer the same.

 2. Right to present case and lead evidence.

 3. Right to rebut adverse evidence - This includes the right of cross-

examination and legal representation. Further, no evidence shall be
collected behind the back of the party.

 4. Right to reasoned decision or speaking order - The judgment or

order must show the reasons therefore.
Bihar School Examination Board v. Subhash Singh
 The Bihar School Examination Board conducted the examination, in
March, 1969, at various centres. The results for other centres were
published some time in July, 1969, but the results for one centre was
withheld and subsequently it was announced that the examinations of
all subjects held there were cancelled because of the unfair means
practised on a large scale at that centre. The examinees were
therefore given the option of appearing at the Secondary School Board
Examination to be held in September, 1969.
 This order was challenged in an application under Article 226 of the
Constitution before the Patna High Court, on the main ground that
before cancelling the examinations the Board should have given the
persons affected by such cancellations an opportunity of being heard.
 The High Court struck down the order of cancellation on the sole
ground that the examinees were not given an opportunity to show
cause and thereby the well-known principle of natural justice viz.—
audi alteram partem—was not observed.