ADMINISTRATIVE LAW AND PRINCIPLES OF FAIR HEARING

AUTHOR – AKASH K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – AKASH K, ADMINISTRATIVE LAW AND PRINCIPLES OF FAIR HEARING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 413-417, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The current study focuses on the Fair Hearing Rules in the context of Administrative Law.  Public authorities, in this case, must explain the decisions that they make for the public good and the fairness of the decision to the average man as a reasonable owner would do.  The case of Re Haughey was a watershed moment that established the fundamental components of natural justice even in cases involving the infringement of rights and liberties including the right to one’s own reputation as enshrined in the Constitution.  Any action taken contrary to the rules of natural justice is tantamount to a breach of the fundamental right guaranteed under Article 21 of the Constitution. – Justice belief. The principles of natural justice exist to ensure that justice is not abused in any way.  One of the principles of natural justice is to hear the other side or the party.  Hence, a duty to observe natural justice by the tribunal is in the nature of a substantive right of the parties to the proceedings to be treated without fear or favor.  That is Fairness is achieved by allowing the other party to be heard which helps in the fairness of the process adopted by the adjudicator.  What is fair hearing, why notice is important, why notice must not be vague are the main issues, which are dealt with in the text.  The consequences of non-observance of this doctrine are also considered.  The right of legal representation is addressed too, as well as circumstances in which non-adherence to the principle is unlikely to affect the outcome of the proceedings.