Bias (Rule Against Bias)
/baɪəs/
Natural Justice Term
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Definition
A predisposition, prejudice, or interest in the outcome of a decision that disqualifies a decision-maker from adjudicating a matter. It may be pecuniary (financial interest), personal (friendship, enmity), or departmental (institutional loyalty). The rule against bias — nemo judex in causa sua — requires not only the absence of actual bias but also the absence of apparent bias. 'Justice must not only be done but must be seen to be done.'
Examples
Case Study
In Ranjit Thakur v. Union of India (1987), the Supreme Court held that the test for bias is whether a reasonable, fair-minded person, knowing the facts, would think there is a real possibility of bias — not whether the decision-maker is actually biased. The Court set aside a court-martial finding where the confirming authority was the same officer who had initiated the proceedings.
Key Cases
Ranjit Thakur v. Union of India
1987AIR 1987 SC 2386
Test for bias is the reasonable suspicion test — whether a fair-minded person would perceive a real possibility of bias. Set aside court-martial where the same officer initiated and confirmed proceedings.
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