Audi Alteram Partem

Audi alteram partem is one of the two fundamental pillars of natural justice in Indian jurisprudence, the other being nemo judex in causa sua. This principle ensures that no person can be adversely affected by a decision without first being given an adequate opportunity to be heard.

The principle is deeply embedded in Indian constitutional law through Articles 14 and 21 of the Constitution. It applies to all judicial, quasi-judicial, and administrative proceedings where rights of parties are affected. The principle mandates that the affected party must be given notice of the case against them, an opportunity to present their version, and the right to rebut adverse evidence.

Indian courts have consistently held that any order passed in violation of this principle is void ab initio. The principle applies even where the statute is silent on the requirement of hearing, as it is read into every statute by necessary implication.