Fair Hearing and Access to Justice

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Description
The expanding horizon of jurisprudence today engulfs an wider region pari passu the requirement of reaching justices to all, rich or poor, privileged or under¬privileged. Fair hearing is an important ingredient of administration of justice and demands in-built provisions for the same in all legislations, substantive or procedural including the application of audi alteram partem.
Fundamentals of fair hearing
The author with his vast experience in administration and governance has dwelt upon all the relevant fields in this context, judicial or quasi-judicial. His expert contribution is enriched by appropriate judicial decisions of the highest court of law in our country and abroad. This book looks into the fundamentals of fair hearing which is essential for ensuring the rule of law as enshrined in our Constitution.
The dimensions at a glance
The contours of the topics have been deftly provided. It spreads over fourteen chapters that cover all the relevant issues beginning with the meaning of the rule of law and good governance, gliding on topics like natural justice and reasonable opportunity of being heard, the quality of hearing that ought to be ensured in a fair trial and ending with judicial review and access to justice. As notice is the foundation of fair hearing, it has been discussed elaborately to give the readers a better access to the niceties of the subject. Legitimate expectation being a tool to ensure fair hearing, it has been dealt with meticulously. The author has also focussed on different types of hearing such as, Administrative Hearing, Quasi-Judicial Hearing, Legislative Hearing, Judicial Hearing and Judicial Review, etc. to acquaint the readers with all the highways and the bye-ways of the subject.
The work is saturated with commentaries on all the ingredients illuminating every corner of the subject. Accordingly, the book commends itself for inclusion in all legal libraries whether at the institutional level or belonging to an individual practioner.
Features
•   Notions of fairness—explained
•   Expanding concepts of natural justice—highlighted
•   Dimensions of fair hearing—discussed
•   Legal principles and issues—focussed
•   Hurdles in access to justice—reviewed
•   Measures for speedy justice—suggested
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Contents
Table of Cases
1.  Rule of Law and Good Governance
2.  Fair Hearing-Meaning, Definition, Type and Applicability
3.  Right to Hearing and Reasonable Opportunity of Hearing
4.  Expanding Concept of Natural Justice
5.  Notice
6.  Legitimate Expectation
7.  Non-Application of Mind
8.  Mala Fide and Fraud
9.  Administrative Hearing
10.  Quasi-Judicial Hearing
11.  Legislative Hearing
12.  Judicial Hearing
13.  Hearing in Judicial Review
14.  Access to Justice
Index
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Author Details
B.C. Sarma : BSc (Hons), MSc (Gold Medallist), PhD, IAS, Formerly Additional Secretary, Government of India Member, Central Administrative Tribunal
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