What does it mean to file an exception?
We take exception
What are the exception of rule of law?
Equality before Law It further provides that the law cannot in any way discriminate between people regarding race, sex or religion. Article 14 of the Indian Constitution incorporates the principle of equality under its ambit.
What are the difference between rule and rule of law?
Rule of law implies that the country function as per set norms and procedures and not according to whims and fancies of a ruler. The system of rule of law is a system of rules, regulations for a just and fair functioning of a society.
What is the concept of natural justice?
In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem). While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general “duty to act fairly”.
Where a student is removed from an educational institution on the grounds of unsatisfactory academic performance the requirement of pre decisional hearing is?
Academic evolution: Where a student is removed from an educational institution on the grounds of unsatisfactory academic performance, the requirement of pre-decisional hearing is excluded.
What is the rule of fair hearing?
Audi Alteram Partem: the rule of fair hearing The omnipotency inherent in the doctrine is that no one should be condemned unheard. In the field of administrative action, this principle has been applied to ensure fair play and justice to affected persons.
What is the effect of violation of rule of audi alteram partem?
If the rule of Audi Alterem Partem is violated then the decision becomes void. A certain procedure needs to be followed in the rule. A person must be given full opportunity to defend himself. Nobody will condemn without being heard.
What is principle of audi alteram partem?
AUDI ALTERAM PARTEM. It is a firmly established rule of common law that a judge or anyone exercising a judicial function must hear both sides of every case: not only the plaintiff or prosecutor, but also the defendant must be heard.
What are the basic principles of natural justice?
Essentially, natural justice requires that a person receive a fair and unbiased hearing before a decision is made that will negatively affect them. The three main requirements of natural justice that must be met in every case are: adequate notice, fair hearing and no bias.
What is the difference between natural justice and procedural fairness?
Is there a difference between natural justice and procedural fairness? The term procedural fairness is thought to be preferable when talking about administrative decision making because the term natural justice is associated with procedures used by courts of law.
What is pecuniary bias?
It is obvious that the decision of the adjudicator would be affected if he is having a pecuniary interest in the subject matter of the proceedings. There is a presumption that any direct financial interest, however small, in the matter in dispute, disqualifies the person from adjudicating.
What is bias in education?
Educational bias is when one group of people is treated differently than another in an educational setting. Not all educational bias is intentional; sometimes bias occurs when people aren’t consciously aware of their beliefs and behaviors.