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C136 - YASHI JAIN (Administrative Law Presentation)
C136 - YASHI JAIN (Administrative Law Presentation)
• The underlying object of natural justice is not to secure justice, but also
to prevent miscarriage of justice, thus ensuring that fundamental
liberties and rights of citizens are well protected.
3. SPEAKING ORDER
NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA
“No one should be a judge in his own case” because it leads to rule of
biases. Bias means an act which leads to unfair activity whether in a
conscious or unconscious stage in relation to the party or a particular case.
Therefore, the necessity of this rule is to make the judge impartial and given
judgment on the basis of evidence recorded as per the case.
PERSONAL BIAS:
Personal bias arises when the judge is a relative or friend, neighbor, business
associate, of one of the parties. It also arises when he has a personal grudge,
enmity, grievance or professional rivalry against one of the parties before
him. In both cases there is a strong likelihood that he would be inclined in
favor of one of the parties or prejudiced against the other.
PECUNIARY BIAS
If the person who judges, has a pecuniary on monetary interest, however
slight, in the subject matter of the dispute, he cannot decide the matter-
even if it can be proved that his decision was not in any way affected by such
interest. As seen earlier, it is not enough that justice is done it should also be
seen to be done. In other words, financial interest, however small
disqualifies a person from adjudicating.
OFFICIAL BIAS
The third kind of bias is official bias or bias as regards the subject matter. A
judge or an adjudicating authority should not have any interest in the
subject matter of the dispute being adjudicated. Of course, a mere general
interest in the matter does not disqualify a person from being a judge in the
matter.
JUDICIAL OBSTINACY
Supreme court has discovered new criteria of biases through the
unreasonable condition. This new category emerged from a case where a
judge of Calcutta High Court upheld his own judgement in appeal. A direct
violation of the rules of bias is done because no judge can sit in appeal
against in his own case.
AUDI ALTEREM PARTEM
Audi Alterem Partem means that both sides must be heard before passing
any order. It signifies that no man can be condemned without a hearing. It is
a fundamental principle of natural justice that before an order is passed
against a person he should be given an opportunity to be heard in the
matter. Practically speaking the maximum covers two things: