Comprehension
The Supreme Court affirmed that it is a well-established principle of administrative law that an adjudicatory body cannot base its decision on any material unless the person against whom it is sought to be utilized has been apprised of it and given an opportunity to respond to it. The court noted from MP Jain & SN Jain’s treatise on Principles of Administrative Law that if the adjudicatory body is going to rely on any material, evidence or document for its decision against a party, then the same must be brought to his notice and he be given an opportunity to rebut it or comment thereon. It is regarded as a fundamental principle of natural justice that no material ought to be relied on against a party without giving him an opportunity to respond to the same... The right to know the material on which the authority is going to base its decision is an element of the right to defend oneself. If without disclosing any evidence to the party, the authority takes it into its consideration, and decides the matter against the party, then the decision is vitiated for it amounts to denial of a real and effective opportunity to the party to meet the case against him.
On the issue of the impact of such non-disclosure the Court referred to its earlier pronouncements and summarised the principles thus – A quasi-judicial authority has a duty to disclose the material that has been relied upon at the stage of adjudication. The actual test is whether the material that is required to be disclosed is relevant for purpose of adjudication. If it is, then the principles of natural justice require its due disclosure. The aggrieved person must be able to prove that prejudice has been caused to him due to non-disclosure. To prove prejudice, he must prove that had the material been disclosed to him the outcome or the punishment would have been different.
(Extract with Edits taken from in Deepak Ananda Patil v. State of Maharashtra, (2023) 11 SCC 130)
On the issue of the impact of such non-disclosure the Court referred to its earlier pronouncements and summarised the principles thus – A quasi-judicial authority has a duty to disclose the material that has been relied upon at the stage of adjudication. The actual test is whether the material that is required to be disclosed is relevant for purpose of adjudication. If it is, then the principles of natural justice require its due disclosure. The aggrieved person must be able to prove that prejudice has been caused to him due to non-disclosure. To prove prejudice, he must prove that had the material been disclosed to him the outcome or the punishment would have been different.
(Extract with Edits taken from in Deepak Ananda Patil v. State of Maharashtra, (2023) 11 SCC 130)
Question: 1
Which principle is applied in the judgment?
Which principle is applied in the judgment?
Updated On: Dec 3, 2024
- Nemo judex in causa sua
- Audi alteram partem
- Ignorantia juris non excusat
- Jus necessitatis
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The Correct Option is B
Solution and Explanation
The principle of ”Audi alteram partem” means that both parties should be given an opportunity to be heard in a dispute. This ensures fairness and transparency in legal proceedings by allowing both sides to present their case.
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Question: 2
Non-Disclosure of material invalidates the order if:
Non-Disclosure of material invalidates the order if:
Updated On: Dec 3, 2024
- The authority has not relied on the material
- No prejudice is caused to the party
- The material was relevant for the purpose of adjudication
- The outcome would not have been any different if it was disclosed
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The Correct Option is C
Solution and Explanation
If material evidence relevant to the case is withheld or not disclosed, and if the non disclosure could have influenced the outcome, the order is considered invalid. The relevance of the material for the adjudication process is crucial in this regard.
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Question: 3
‘Real and effective opportunity’ in the context of this judgment refers to:
‘Real and effective opportunity’ in the context of this judgment refers to:
Updated On: Dec 3, 2024
- Personal hearing
- Right to rebut the evidence supplied to the party
- Right to adduce evidence
- Right to know the evidence against oneself
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The Correct Option is D
Solution and Explanation
Real and effective opportunity” ensures that a party has a genuine chance to present its case. This includes the right to know the evidence against oneself, as the absence of this would undermine the fairness of the hearing.
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Question: 4
Which of the following requires compliance with the rule of fair hearing?
Which of the following requires compliance with the rule of fair hearing?
Updated On: Dec 3, 2024
- A notification bringing an Act into operation
- Price Control Order under Essential Commodities Act
- Notice issued by a Disciplinary Authority
- Reasoned Decision by competent authority
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The Correct Option is C
Solution and Explanation
A notice issued by a disciplinary authority requires compliance with the rule of fair hearing, as the person affected must be given an opportunity to defend themselves before any punitive action is taken.
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Question: 5
Which of the following statements is false?
Which of the following statements is false?
Updated On: Dec 3, 2024
- Proving prejudice to the party concerned is necessary to quash a quasi-judicial order on the ground of non-disclosure of evidence
- Principles of natural justice do not have exceptions
- Speaking order is a third principle of natural justice
- Legal representation can be validly disallowed before a quasi-judicial proceeding
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The Correct Option is B
Solution and Explanation
While natural justice principles are fundamental, they are not absolute and can have exceptions in specific situations, such as when legal representation is restricted in quasi judicial proceedings.
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