Doctrine of Post Decisional Hearing
Keywords:
Apex court, doctrine, administrative, right to hearingAbstract
In an effort to find the correct balance between administrative effectiveness and individual fairness, the concept of a post-decisional hearing has developed over time. Pre-decisional hearings are those held by the authorities prior to the making of a decision or judgement, and post-decisional hearings are those held by the authorities following the making of the decision (Provisional). The idea of a postdecisional hearing provides individuals. The authorities can only make a preliminary decision not a
final one without consulting the party in issue, which is one of the most crucial things to keep in mind at a post-decisional hearing. In order to undermine the goal of delivering a fair hearing and make it less effective than a Pre-Decision Hearing, the objective is to make it harder for the authorities to change their minds after the Final Decision (similar proposition was held by the Apex Court).
References
Kishan Chand Arora v. Commissioner of Police, Calcutta (1961) 3 SCR 135
A.K. Kraipak & Ors v. Union of India (1969)
Ridge v. Baldwin (1964) AC 40
Maneka Gandhi v. Union of India [1978] AIR 597
Swadeshi Cotton Mills v. Union of India [1981] AIR 818
Liberty Oil Mills v. Union of India [1984] AIR 1271