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Pre-Decisional vis-a-vis Post-Decisional Hearing: A Comparative Assessment

By Anu Tiwari

Published In

Air 2005

Preliminary Remarks Reading Supreme Court cases on natural justice issues one often feels like falling down the rabbit hole.1 Every precept of law as laid down can be viewed from contrasting lines to provide an ample scope for a successful confrontation in Court. The paper attempts to review and demystify the legal position on the legitimacy of ex-post facto hearings and in the process weighing alternate arguments supporting and opposing the doctrine.  The expression “natural justice” may not be capable of precise definition, but its basic and fundamental requirements are well-known and have been repeatedly affirmed by courts of highest authority. It is of the very essence of an enquiry and a decision that the person enquiring must be one without bias and should render the decision in a judicial spirit, after considering the competing claims, and in accordance with the principles of substantial jus ....

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