Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

Practice Mode:
1.

The meaning of “Audi alteram partem” is

A: Right are associate with the duties
B: Every body has a right to defend himself
C: Everybody should be given a reasonable opportunity to defend himself
D: None of the above

The answer is: C

Explanation

The correct option is C: Everybody should be given a reasonable opportunity to defend himself.

 This is the meaning of the Latin phrase "Audi alteram partem", which translates to "hear 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.

According to this principle, no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. This principle also includes the rights of a party or its lawyers to confront the witnesses against them, to have a fair opportunity to challenge the evidence presented by the other party, to summon one's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case properly.

This principle is derived from the concept of natural justice, which is a code of procedure that ensures that judgement is given in a fair and reasonable manner. Equity and equality should be there. In India, the principle of natural justice can be traced from Article 14 and Article 21 of the Indian Constitution. Article 14 says about the equality before the law and Article 21 talks about the protection of life and personal liberty.

The principle of Audi Alteram Partem is applicable in the field of administrative action, where no partiality is done with anybody during any regulatory activity. The principle also covers every stage through which an administrative jurisdiction passes, from notice to final determination.

The principle of Audi Alteram Partem is also the origin of the name of German carmaker Audi. Founder August Horch had left his previous company, Motorwagenwerke, after a dispute with partners and founded a new company on 16 July 1909, initially named the August Horch Automobilwerke GmbH. His former partners sued him for trademark infringement, and the German Reichsgericht (Supreme Court) ruled that the Horch brand belonged to his former company. Horch therefore called a meeting with close business friends Paul and Franz Fikentscher, to come up with a new name for the company. During this meeting, Franz's son was quietly studying Latin in a corner of the room. Several times he looked like he was on the verge of saying something but would just swallow his words and continue working, until he finally blurted out, "Father – audiatur et altera pars ... wouldn't it be a good idea to call it audi instead of horch?" "Horch!" in German means "Hark!" or "hear", which is "Audi" in the singular imperative form of "audire" – "to listen" – in Latin. The idea was enthusiastically accepted by everyone attending the meeting, and the company was registered as Audi Automobilwerke GmbH Zwickau in 1910.