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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: International

Etymology

Legal term with origins in Latin, Anglo-French, or Old English legal tradition, later codified in Indian law.

Examples

A government employee cannot be dismissed without being given notice of the charges and an opportunity to respond — even in urgent disciplinary proceedings.
A student expelled from university without being heard has grounds to challenge the expulsion under this principle, regardless of how clear the evidence appears.

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

1978

AIR 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.

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Ridge v. Baldwin

1964

[1964] AC 40

Restored the right to a hearing in dismissal from public office. Foundational UK case on natural justice.

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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.

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Also Known As

hear the other sideright to be heard

Synonyms

legal termlegal conceptjudicial termlaw term

Antonyms / Opposites

ex parte decisionunilateral judgment

Related Terms

natural justicenemo judex in causa suadue processfair hearing

Dictionary Entry

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