Rule Against Bias | Types Of Bias | Principles | Cases | The National TV
- by Aditi-Harshraj
- May 15, 2020 20:14
The rule against bias is also known as Nemo Judex in causation sua i.e no man shall be the judge in his own cause. It means the judicature, administrative authority must be impartial and act without bias. The Principle of Natural Justice is free hearing which is the rule against bias. Rattan Lal Sharma v. Managing Committee (1993) It was held that authority must be impartial and without bias while deciding the case.
Kumaon Mandal Vikas Nigam v. Girja Shankar Pant ( 2001): In this case, the Apex Court observed that Natural Justice is synonyms of fairness.
The bias disqualifies an individual from acting as judge flows from two principles -
1. No man shall be the judge in his own cause.
2. Justice should not be done but seen to be done.
Tyler of bias -
1. Pecunary Bias: When the adjudicator has the monitoring benefits or interest in the dispute then it is considered as pecuniary bias. This type of bias is not permitted and hence, the adjudication is disqualified from adjudication.
Jeejeebhoy v. Asst. Collector (1956): In this case, the member of the bench was also a member of the co-operative society for which the dispute has arisen in the court. So, the bench was reconstituted.
2. Personal Bias: When the adjudicator has some emotion or feeling in favor or against the party to the dispute then it is considered as Personal Bias. There is some relationship equation between the deciding authority and the party.
Meenglass Tea Estate v. Workmen (1963): In this case, It was held that if a personal bias is recognized then the decision will be quashed.
Test to recognize personal bias Ashok Kumar Yadav v. State of Haryana (1985): In this case, Court observed that there are two tests to recognize personal bias - the likelihood of bias and reasonable suspicion of bias.
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