THEORY OF FUTILE EXERCISE

AUTHOR – AKASH TYAGI, LLM SCHOLAR AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – AKASH TYAGI, THEORY OF FUTILE EXERCISE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 610-615, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The principle of audi alteram partem, which translates to “hear the other side,” is a fundamental aspect of natural justice, ensuring that no individual is condemned or deprived of their rights without being provided an opportunity to present their case. However, the judicial and administrative frameworks may recognize that providing a hearing may not serve a meaningful purpose. This is where the theory of futile exercise comes into play. It serves as an exception, allowing courts and administrative bodies to bypass the need for a hearing when it is evident that such a process would not alter the outcome or affect the facts of the case. This research paper explores the origins and theoretical foundations of this theory, examining its application in various judicial decisions in India and globally. Through an analysis of landmark cases such as Aligarh Muslim University v. Mansoor Ali Khan^[1] and Union of India v. Tulsiram Patel^[2], the paper demonstrates how courts justify and limit the use of this theory. The paper also delves into the risks and criticisms associated with its application, emphasizing the need for a balanced approach to avoid undermining procedural fairness.

Keywords: Audi alteram partem, natural justice, futile exercise, exceptions, judicial review, fairness.

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[1] (2000) 7 SCC 529

[2] (1985) 3 SCC 398