DAILY  LEGAL CURRENT UPDATE (DLC)

(13 Aug 2025)

UPPCS-J/APO/OTHER JUDICIAL EXAMS

SC: Audi alteram partem/Stare Decisis

Why in the News?  

The article discusses the Supreme Court’s August 11 order directing the relocation of all street dogs in Delhi to dog shelters within eight weeks, following reports of fatal stray dog attacks. The authors argue that while human–canine conflicts are real, the order:

Contradicts existing laws :like the Prevention of Cruelty to Animals Act, 1960, and the Animal Birth Control (ABC) Rules, 2023, which prohibit relocation of dogs and instead mandate sterilization and vaccination.

Ignores judicial precedent (Animal Welfare Board of India vs. People for Elimination of Stray Troubles, 2024).

Oversteps judicial role by taking over executive functions.

Why It’s Important for Judicial Exams?

• For Law & Judiciary (PCS J / UPSC Law optional):
  • Deals with separation of powers (executive vs. judiciary).
  • Involves application of precedent (stare decisis).
  • Tests understanding of conflict between individual rights & public safety.
  • Links to constitutional provisions — Article 51A(g) (compassion to living creatures), fundamental duties, and principles of natural justice.

Key Legal & Constitutional Issues Highlighted:

Contravention of Law:

Order conflicts with:

• Prevention of Cruelty to Animals Act, 1960
• Animal Birth Control Rules, 2023 — prohibit relocation, mandate sterilization & vaccination.

Violation of Stare Decisis:

• SC ignored its own 2024 ruling (AWBI vs. People for Elimination of Stray Troubles), where relocation was disallowed unless a significant factual change occurred.

Principles of Natural Justice Violated:

Audi alteram partem — affected parties not heard before passing the order.

Judicial Overreach into Executive Domain:

• Judiciary directing detailed administrative actions without executive feasibility checks.

Constitutional Concerns:

• Article 51A(g): Fundamental duty to show compassion to living creatures.
• Misalignment with the principle of compassion & humane treatment embedded in constitutional ethos.

Way Forward :

• Strengthen local body accountability to implement ABC Rules
• Focus on root cause — humane, scientific sterilization & vaccination to control stray dog population.
• Avoid over-centralised judicial directives; instead, ensure monitoring & compliance of existing laws.
• Use legal tools to penalise negligence of municipal bodies instead of punishing animals.
• Promote public awareness on co-existing safely with stray animals while ensuring public health.

Important words used in the article :

Audi Alteram Partem:

• This Latin term translates to “hear the other side” or “let the other side be heard”.
• It is a fundamental principle of natural justice, requiring that all parties in a dispute be given a fair opportunity to present their case before a decision is made.

Locus Standi:

• “Locus standi” literally means “place of standing”.
• It determines whether an individual or entity has the legal right to initiate a lawsuit or bring a matter before a court.

Amicus Curiae:

• “Amicus curiae” is Latin for “friend of the court” according to Norton Rose Fulbright.
• An amicus curiae is someone who is not a party to a case but offers assistance to the court, often by providing relevant information or legal arguments.

 Stare decisis:

• It is a Latin term meaning “to stand by things decided.” In legal contexts, it refers to the doctrine of precedent, where courts are obligated to follow earlier judicial decisions when deciding similar cases.