An Analysis on Rule against Bias: A Much-Needed Concept under the Domain of Natural Justice

Abstract

Under the realm of natural justice, the “rule against bias” has become a significant principle. It is equally necessary for assuring fair administrative proceeding. It seeks to avoid any kind of improper factors from impacting the decision of judge in a given case. The rule declares that judges shall not possess preconceived views or feelings or any kind of financial or personal interest which can influence the decision. Although the biasness rule is important element of contemporary administrative wing, it is an unfortunate fact that the test for bias suffers from uncertainty. Should the control mechanism through the standard of “real likelihood bias” be adopted, as prevailing in India? Or any other test should be incorporated. The present research paper aims to focus on the position prevailing in India with respect to rule against bias and tests applied in the relevant cases. In this research article, the author will describe the concept of “rule against bias” under the purview of “modern jurisprudence of administrative law” in India. The author will further highlight the kinds of bias and tests used as per the changing needs.