RULE AGAINST BIAS-NO ONE SHOULD BE A JUDGE IN HIS OWN CASE

 

RULE AGAINST BIAS-NO ONE SHOULD BE A JUDGE IN HIS OWN CASE

 


The expression justice is not capable of defining itself completely. Different individuals have different perspective of justice. In general terms, justice can be defined as a quality of being fair and just. It is to be noted that Principles of natural justice forms the very base of a fair hearing. This Principle of Natural Justice is considered by many an expression of English Common law. It is further considered that its origin is from the Roman phrase ‘Jus natural’. Jus natural means the law of the nature. Within the legal sphere, this expression is used in order to determine things like justice, fairness, and equality in the proceedings of a court. These principles are just not codified but also have been adopted by the courts or judicial authorities as a mean to protect the rights of the individuals against the arbitrary actions of any judicial or quasi-judicial authority or such figure. The concept of natural justice has eventually grown rapidly and have affected large areas of the field of administrative justice. These principles ensures that justice is met out to all and prevent any action which might make justice to be jeopardized for personal gains. Though it is a true fact that the principles of natural justice have not been codified, the Apex Court has held that the principles to be legally valid in a number of cases. The principles of natural justice depend on the following two maxims.

 

·      Audi alteram partem

·      Nemo judex in causa sua or Rule against Bias

 

These principles are responsible for providing the standards basic that are required to be adhered to while making any decision. These principles ensure that every person is provided with the same chance of being heard. Furthermore, they also ensure that the decision is being made by an independent Judge.

 

The expression “No one should be a judge in his own case” exists and is followed because it ultimately leads to the ‘Rule of Biases’. Here, ‘Bias’ means an act leading to any unfair activity. It does not matter whether such activity done in a conscious state or in an unconscious state in relation to a party or a particular case. Hence, the need of this very rule is to make the Judge delivering the judgement impartial and give a judgement justly on the basis of evidence recorded as per the case.

 

General-

 

The first principle of natural justice is rule against bias. It means that the deciding authority must be impartial and neutral. That bias disqualifies an individual from acting as Judge flows from two principles

 

(1) No one should be a Judge in his own cause, and

(2) Justice should not only be done but seen to be done. Proceedings before a deciding authority may be vitiated if he is biased or has his own interest in the case before him. Franks has rightly observed that the rule against bias is justified on the ground that impartiality is a characteristic of good administration.

 

Meaning of Bias

 

A predisposition to decide for or against one party without proper regard to the true of Blas. merits of the dispute is bias- as it was held in case Per Mukherji, J, Secretary to Govt. Transport Department v. Munuswamy, AIR 1988 SC 2232. In Franklin v. Minister of Town and Country Planning, (1948) Lord Thankerton defines bias as follows:

 

"My Lords, I could wish that the use of the word 'bias' should be confined to its proper sphere. Its proper significance in my opinion is to denote a departure from the standard of even-handed justice which the law requires from those who occupy judicial office, or those who are commonly regarded as holding a quasi-judicial office, such as an arbitrator.”

 

Principle Explained

 

It can be said that this principle of law that ‘Justice’ should not only be done but it should also be seen to be done. And ‘Justice’ can never be seen to be done if the case is such that an individual is acting as a Judge in his own case. Or if the situation is such that he himself is interested in the outcome of the case. This principle or rule is applicable not only in case of judicial proceedings but also in case of quas-judicial and also in case of administrative proceedings. It is the minimal requirement of natural justice that the authority must consist of impartial persons who are to act fairly and without prejudice and bias. A decision which is a result of bias is a nullity and the trial is "coram non-judicie”- as it was held in case Ranjit Thakur v. Union of India[1].

 

Kinds of Bias

 

Following are the various kinds of ‘Bias’:

 

1)   Personal Bias.

2)   Pecuniary Bias.

3)   Subject matter Bias.

4)   Departmental Bias.

5)   Policy notion Bias.

6)   Bias on the account of obstinacy.

 

Check this link here if you want to know about various kinds of Bias in further detail with plenty case laws!

 

References

 

‘Administrative Law’ By Dr. J. J. R. Upahyaya.

 


[1] (1987) 4 SCC 611

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