Question : - ‘Audi alteram partem’, rule is a very flexible, malleable and adaptable concept of natural justice to adjust the need for speed and obligation to act fairly.” Examine the statement with the help of decided case-law. (2019, UPSC, 15 Marks)
Model Answer Hint
Write the meaning of audi altrem partem and how it is one of the important rules of natural justice
Cite case law to butter the argument as to flexibility of the above doctrine. You can write S.L. Kapoor v Jagmohan (AIR 1981 SC 136) case and how The non-observance of natural justice is in itself a prejudice caused
Write how it should be flexible to which makes it a good device to use it for swift implementation of justice especially in administrative law.
Major Case: S.L. Kapoor v Jagmohan (AIR 1981 SC 136), it is clear that a separate showing of prejudice caused (or civil consequences) is not necessary for the applicability of rules of natural justice. The non-observance of natural justice is in itself a prejudice caused. Hence merely because the facts are admitted or are indisputable it does not follow that rules of natural justice need not be observed.
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