Chapter

To be Heard or Not to be Heard

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198066286.003.0031
To be Heard or Not to be Heard

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There are two great principles of justice considered so fundamental that they have come to be recognized and known as principles of natural justice. The two principles are audi alteram partem (no one shall be condemned without reasonable hearing) and nemo debet esse propria causa (no one shall be a judge in his own cause). In the case of Hiranath Mishra v. Rajendra Medical College, Ranchi, the Supreme Court of India observed that the rules of natural justice were flexible enough to sustain an order of expulsion of certain students from a college after an enquiry at which the molested girl students were examined without the male students being present and copies of their individual statements not being furnished. The Court found that the opportunity given to the students was sufficient compliance with the rules of natural justice in the special circumstances of the case. The two great principles of natural justice have become glorious parts of Indian jurisprudence and this is due entirely to the British common law.

Keywords: India; natural justice; Supreme Court; audi alteram partem; nemo debet esse propria causa; expulsion; students; jurisprudence

Chapter.  2395 words. 

Subjects: Constitutional and Administrative Law

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