Consider the passage given below and answer the question. In a democratic country, essential principles of Administrative Law are: transparency, the principle of participation, impartiality and objectivity, reasoned decisions, legality, effective review of administrative rules and decisions, liability and non-arbitrariness. All these principles are generally covered under the rule of law, doctrine of separation of powers, and principles of natural justice. Rule of law fundamentally pacts with the doctrine of constitutional morality which says that even in doing somewhat lawful, an administrative action should always be just and reasonable. Separation of powers was intended to create divisions within the Government setup to create partition within the State. Separation intended not only at efficacy alone, but also at dividing power against itself, as power can be contradicted only with power. Principles of natural justice aren’t motionless. They are stretchy and can be molded to suit the necessities of a condition to do justice in any specific case.

Which of the following is correct definition of ‘audi alteram partem’?

Right of fair hearing Right to know reasoned decision Right to the appeal None of the above

Right of fair hearing

There is a Latin phrase audi alteram partem, which literally means 'listen to the other side'. This phrase is an established principle in the Indian law practice and was applied by the Supreme Court in several cases including the landmark decision of Maneka Gandhi v. Union of India. Her passport was confiscated by the governmental authorities without giving her any chance of prior hearing. Invoking its judicial review powers in administrative matters, the Supreme Court held that in the matter of confiscation of passport a hearing should have been given to the petitioner in the interest of the principles of natural justice. Consequently, a hearing was given and the passport was returned to her. This is an example where the court adopted the principle of post decision-hearing, in situations of urgency where prior hearing is not feasible, and recognized that a chance of hearing cannot be debarred completely.