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Under the rule of fair hearing (*audi alteram partem*), 'speaking orders' refers to:
Answer & Solution
Correct answer: D.
1. **Speaking orders** is the practice of giving **reasoned decisions** — decisions that contain reasons in support of their conclusion.
2. The ICSI text says: 'When the adjudicatory bodies give reasons in support of their decisions, the decisions are treated as reasoned decision. It is also called **speaking order**. In such condition the **order speaks for itself or it tells its own story**.'
3. A speaking order introduces a check on administrative power — decisions need to be based on cogent reasons; it minimises arbitrariness and lets the affected party assess the merits and decide whether to appeal.
4. *Sunil Batra v. Delhi Administration, AIR 1980 SC 1579* — the Supreme Court read into Section 56 of the Prisons Act, 1894 an implied duty on the jail superintendent to give reasons for bar-fettering a prisoner, founded on Article 21.
_Source: ICSI CS Executive — Lesson 5, 'Right to rebut adverse evidence and Speaking orders', p. 126._
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