Nemo debet esse judex in propria causa
No man can be judge in his own cause
According to CLARENCE THOMAS ,”the duty of the judge is to figure out
what the law says ,not what he want to say”.
It is one of the principles of natural justice. literally it means , judge should
be natural and impartial an must be free from bias. It is also called as “DOCTRINE OF
inclination or prejudice for or against one person or group ,especially
in a way consider to be unfair.
TYPES OF BIAS:
Personal bias- A judgement will be given due to the personal
feeling like personal friendship, personal enemity against one
party and favouritism against another party.
CASE LAW : MEENGLASS TEA ESTATE V. WORKMEN
In this case , the manager beat his workmen
and he was accused but he himself conducted the
enquiry. The inquiry conducted by the manager was
vitiated as he acted as a judge in this case . (!)
Pecuniary bias: A judgement will be given by the financial
interest if the judge connected to that particular case.
CASE LAW: JEEJEEBHOY AND ASST V. COLLECTOR
The bench of inquiry was reconstituted as it
was found that one of the member of the panel had pecuniary
interest ,where he was the member of the cooperative society ,for
which the land was being acquired .(2)
Subject matter bias: when a judge directly or indirectly has a
general interest in the dispute .
CASE LAW: GULLAPALLI NAGESHWAR RAO V. A.P.S.R.T.C.
In this case the publication on a scheme for
nationalization of motor was made by Andhra Pradesh state
transport. The supreme court held that natural justice was violate
because the party heard the case were the party to the
(1) AIR 1963 SC 1719
(2) AIR 1965 SC 1096
(3) AIR 1959 SC 308