Audi Alteram Partem
/ˈɔːdi ˈæltərəm ˈpɑːrtəm/
Latin Maxim / Principle
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Definition
'Hear the other side' — fundamental rule of natural justice requiring notice and opportunity of being heard.
Jurisdiction: InternationalEtymology
Legal term with origins in Latin, Anglo-French, or Old English legal tradition, later codified in Indian law.
Examples
Case Study
In Maneka Gandhi v. Union of India (1978), the Supreme Court of India held that before impounding a passport, the government must give the holder a reasonable opportunity to be heard. The Court expanded the principle beyond mere formality, requiring a meaningful opportunity. This landmark judgment linked audi alteram partem to Article 21 (right to life and personal liberty) of the Constitution, establishing that procedural fairness is part of due process in India.
Key Cases
Maneka Gandhi v. Union of India
1978AIR 1978 SC 597
Landmark: linked audi alteram partem to Article 21 (Right to Life). Held that impounding a passport without hearing the holder violates natural justice.
View on Indian Kanoon →Ridge v. Baldwin
1964[1964] AC 40
Restored the right to a hearing in dismissal from public office. Foundational UK case on natural justice.
View on BAILII →Cooper v. Wandsworth Board of Works
1863(1863) 143 ER 414
Early common law authority establishing that even a statutory power must be exercised with notice to the affected party.
View on BAILII →