DOCTRINE OF BIAS: AN Presented by: Rajkumar Meena

Roll No: 19072

ANALYSIS Group No: 14

 INTRODUCTION
❑ Doctrine of Bias is based on the maxim “Nemo judex in causa sua” also known as
the rule against bias, it means that nobody should be a judge in his own case. This
principle has been established to ensure that judiciary is impartial and free form
bias.

❑ Principle of natural justice are just nit codified but have also been adopted by the
courts to protect the rights of people against any arbitrary action of any judicial or
quasi-judicial authority.
 TYPES OF BIAS
❖ Personal Bias.

❖ Pecuniary Bias.

❖ Subject Matter Bias.

❖ Departmental Bias.

❖ Preconceived Bias.

❖ Buas On Account Of Obstinacy.

 DOCTRINE OF MAINTENANCE

1. The Doctrine Of Necessity makes it imperative for the authority to

decide and considerations of judicial property must yeild.

2. It can be invoked in cases of bias where there is no authority to decide

the issue.

3. If the doctrine of necessity is not allowed full play in Certain

unavoidable situations, it would impede the course of justice itself and
defaulting party would benefit from it.
 CONCLUSION
1. The Objective of the doctrine of bias is to ensure public confidence in administration
of law. The court has to consider whether a prudent person having considered all the
facts would reasonably apprehend that the judge would not act partially. The essence
of rule lies in providing a decision that is free from bias.

2. However, the term ‘bias’ must be confined to it’s proper place. If bias arising out of
preconceived notions means the total absence of preconceptions in the mind of
judge, then no one has ever had a fair a trail, and no one ever will.