Audi alteram partem – [ridge vs baldwin] Hussainara Khatoon Case: “Natural justice” is a legal doctrine that includes the law of [nemo iudex in causa sua] which means the absence of bias and [audi alteram partem] which means the right to a fair hearing. To know more about the landmark cases like [ridge vs baldwin] and Hussainara Khatoon Case, read the given below article.
About Hussainara Khatoon Case – audi alteram partem
On 9th March 1979, The Hussainara Khatoon landmark case was decided and during this Article 21 was interpreted in that the fundamental right of every citizen was practiced. Hussainara Khatoon case is the most famous Landmark case in which human rights are discussed who are prisoners in India. Hussainara Khatoon’s landmark case highlighted speedy trial and free legal aid among the citizen and for their justice and equality. In the case, article 21 was also discussed in which it states that “no person will be suffering for his life and their liberty”. So the prisoner of Indian Citizens can get human rights for their legal of their wills and landmark. To more about this case follow the article given below in the article.
Overview of Hussainara Khatoon Case
| Title | audi alteram partem – [ridge vs baldwin] Hussainara Khatoon Case |
| Case Name | HUSSAINARA KHATOON |
| Year | 2023 |
| State | State of Bihar |
| Acts Involved | CONSTITUTION OF INDIA |
| Important Sections | ARTICLE 21 AND ARTICLE 39(A) |
| Bench | Bhagwati, P.N |
| Article 21 | “no person will be suffering for his life and their liberty” |
| Hussainara Khatoon Case | human rights of Indian inmates |
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Principles of Natural Justice
प्राकृतिक न्याय में दो कानून शामिल हैं, एक है [nemo iudex in causa sua] जिसका अर्थ है पक्षपात की अनुपस्थिति, और दूसरा है [audi Alteram partem] जिसका अर्थ है निष्पक्ष सुनवाई का अधिकार। रिज बनाम बाल्डविन के मामले में, मामले की सुनवाई हाउस ऑफ लॉर्ड्स द्वारा की गई थी, जिसने प्राकृतिक न्याय के सिद्धांत का विस्तार किया था। प्राकृतिक न्याय द्वारा प्रशासनिक कानून में निर्णय न्यायिक कृत्यों के लिए स्थायी रूप से समावेशी सिद्धांत बन जाता है। साथ ही हुसैनारा खातून – बिहार राज्य के मामले में, निष्पक्ष सुनवाई का अधिकार लिया गया और कानून को ऑडी अल्टरम पार्टेम नाम दिया गया। मामले के बारे में अधिक जानने के लिए नीचे दिए गए लेख का पालन करें।
Principal of Natural Justice = nemo iudex in causa sua (absence of bias) + audi alteram partem (right to a fair hearing)
Hussainara Khatoon Case – Article 21
In the HUSSAINARA KHATOON – state of Bihar, Patna can not deny the constitutional right of speed to the prisoners in India. The case is the most famous case that concerns the human rights of Indian inmates. Also in the case, it was mentioned that the prisoner who has strived for liberation can get legal services through the court’s process. Issues which are raised under the case were:
- Whether the supply of free legal aid be enforced by law?
- Whether right to speedy trial come within the ambit of Article 21?
- what’s the essence of speedy trial under criminal justice?
audi alteram partem – Meaning – audi alteram partem
Audi Alteram Partem is applicable before the case has been started and it depends upon the language of the appropriate rules and regulations. The first two people are concerned and tried to well settle them. So the meaning of Audi Alteram Partem is hearing both sides and right to a fair hearing. Authority has decided to hear the other sides of the party which is likely to be affected by its decision, and the right to be heard has also been accepted by civilized countries. Persons who are affected by the rights, privileges, or claims are considered to be under the Audi Alteram Partem.
ridge vs baldwin [UK labor law case]
Ridge vs Baldwin is the 1964 case for UK Labor Law Case later which was described as “The Landmark Case”. The decision for the Ridge vs Baldwin case was taken by the UK executive. In this case, the Brighton police had disregarded its Chief Constable (Charles Ridge) and did not offer the victim a chance to defend his actions. During all these Chief Constable has argued with the authority of Brighton police that they acted unlawfully and ultra vires against the victim in 1958.
Ridge also aimed and need from the Brighton Police for his financial reparation, which is declined along with his request for reinstatement of his pension. The last Ridge has not been dismissed, plus damages or salary backdated to his dismissal. The judgment was passed by the House of Lords under the act [1964] AC 40, [1963]. right to a fair hearing so the Ridge was the first case in which the doctrine had been used to overturn a non-judicial decision.
Further Asked Questions on Natural Justice Case
The meaning of Audi Alteram Partem is hearing both sides and right to a fair hearing.
Natural Justice includes two laws, one is [nemo iudex in causa sua] which means the absence of bias, and the second one is [audi alteram partem] which means the right to a fair hearing.
Ridge vs Baldwin is the 1964 case for UK Labor Law Case later which was described as “The Landmark Case”. The decision for the Ridge vs Baldwin case was taken by the UK executive.
On 9th March 1979, The Hussainara Khatoon landmark case was decided and during this Article 21 was interpreted in that the fundamental right of every citizen was practiced. Hussainara Khatoon case is the most famous Landmark case in which human rights are discussed who are prisoners in India.