audi alteram partem
Querist :
Anonymous
(Querist) 11 January 2011
This query is : Resolved
Dear Experts,
If you could provide me link or copy of the judgment or at least the para 16 of Apex Court reported in AIR 1987 S.C. page 71, judgment which lays down that unless the operation of the principles of natural justice is specifically excluded, the same must be read into the statute, entitling the affected person to be heard by the competent authority.
Is provision of audi alteram partem necessary in statute if it concerns fundamental right guaranteed by the Constitution or is it optional? I am not able to decide since there is remedy available for the enforcement of fundamental rights in the form of Article 32 and 226, thus affected person can be heard by competent authority i.e. competent court. But RTI Act 2005 which is related to freedom of expression has the option to appeal to a higher authority.
Kirti Kar Tripathi
(Expert) 11 January 2011
this the fundamental principle of natural justice. however I am providing the citation you asked.
Querist :
Anonymous
(Querist) 12 January 2011
Thank you Tripathi Sir.
