All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:
8.

Meaning of "Audi alteram partem"

A: A person cannot be condemned without being heard
B: An adjudicating authority must give a speaking order
C: No man can be a judge in his own case
D: No one should fear the courts.

The answer is: A

Explanation

The correct option is A: A person cannot be condemned without being heard. This is the meaning of "Audi alteram partem", a Latin phrase that means "listen to the other side" or "let the other side be heard as well". It is a principle of natural justice that requires fair hearing and justice for both parties in any judicial or quasi-judicial action.

This principle ensures that no one is judged without a chance to defend themselves and to respond to the evidence against them. It also includes the rights of a party to confront the witnesses, to present their own evidence and witnesses, and to have legal counsel if necessary.

The other options are not the meaning of "Audi alteram partem", but they are related to other principles of natural justice or procedural fairness.

Option B refers to the principle that an adjudicating authority must give reasons for its decision and explain how it arrived at its conclusion.

Option C refers to the principle of nemo iudex in causa sua, which means "no man can be a judge in his own case" or "no one should be biased or have a conflict of interest in the matter".

Option D is not a legal principle, but a general statement of confidence in the judiciary.