Ensuring Justice: The Crucial Role of Notice in Fair Hearings and Judicial Oversight in India

Abstract

The concept of “natural justice” provides that prior to the initiation of proceeding, the relevant authority shall ensure adequate chance to the opponent against whom matter is brought and thereby assure that they can appropriately defend their case. The foremost step is to notify the opponent which is very vital during proceeding. If a trial is carried out without any notice, it will result into contravention of natural justice & will therefore be deemed as invalid. Serving notice is considered as the bare minimum requirement. It is indispensable part of fair trial. Right to trial or hearing gets blurred where the concerned person is not aware about the accusations made against him. The sufficiency of notice is tested on the ground that the adequate material & details for the relevant individual is made available for defending his interest in the case. Thus, some of the significant factors in deciding the fulfilment of natural justice are- content to be mentioned in a notice, the person having right to obtain the same and proper time at which it has to be issued. Enough time shall be given to the opponent to satisfy the notice and its requirement. The notice in hearing plays a vital role in ensuring the attainment of natural justice and thus, it shapes the entire judicial system. In this research article, the author will deal with the relevance of notice in fair hearing and thereby securing justice. The author would further address the necessary requisites of legal notice and legal effect of its non-issuance. The author will analyze the research topic in the light of judicial pronouncement by the Indian Apex Court.