Administrative Law

Table of Contents

Introduction: 2

Right to fair hearing: 2

Post-decisional hearing: 3

Case Laws: 5

Latest Cases 8

Conclusion: 10

Bibliography: 10

Introduction:

The principles of natural justice have been developed and followed by the judiciary to protect the right of the public against the arbitrariness of the administrative authorities. Natural Justice implies fairness, reasonableness, equity and equality. According to HEGDE J., the aim of natural justice is to secure justice; to prevent miscarriage of justice and to give protection to the public against the arbitrariness.

In Roman law, the concept of natural justice consists of two essential rules:

1. audi alteram partem,- the person, who has to be effected by a decision has a right to be heard; and

2. nemo judex in re sua – the authority deciding the matter should be free from bias.

Right to hearing is important for right of natural justice. However, there are many sitution in which principle of valid procedure is not present. Natural justice fill the vaccuum in law.

This rule covers various stages through which administrative adjudication pasees starting

from notice to final determination. Right to fair hearing thus includes:-

1. Right to notice

2. Right to present case and evidence

3. Right to rebut adverse evidence

i. Right to cross examination

ii. Right to legal representation

4. Disclosure of evidence to party

5. Report of enquiry to be shown to the other party

6. Reasoned decisions or speaking orders

Right to fair hearing:

It has been suggested that the rule requiring a fair hearing is broad enough to include the rule against bias since a fair hearing must be an unbiased hearing. However, the rules are often treated separately. It is fundamental to fair procedure that both sides should be heard.The right to a fair hearing requires that individuals are not penalized by decisions affecting their rights or legitimate expectations unless they...