Presentation on Rule against bias.

1. RULE AGAINST BIAS
SHRIRAJ DAVE
ROLL NO: 89

2. NATURAL JUSTICE
 The administrative authority who exercises quasi-judicial function should
be impartial. He should not have an interest in the subject matter or in the
parties to the dispute.
 The principle rule against bias is based on two principles:
 Nemo debet esse judex in propia causa (No man shall be a judge on his own
cause)
 Justice should not only be done, but manifestly & undoubtedly be seem to be
done.

3. TYPES OF BIAS
PERSONAL BIAS
PECUNIARY BIAS
SUBJECT MATTER BIAS
DEPARTMENTAL BIAS
PRECONCIEVED NOTION BIAS
BIAS ON ACCOUNT OF OBSTINACY

4. PERSONAL BIAS
 Personal bias occurs when there exists some relationship between the
deciding authorities and the parties which incline him favourably or
unfavourably on the side of one of the parties before him.
 Relationship with the parties could occur by way of hostility or friendship.

5.  Mineral Development Corporation Ltd. V. State of Bihar[2]. Here, the
petitioners were granted a mining lease for 99 years in 1947. But in 1955,
government quashed the license. The petitioners brought an action against
the minister passing this order on the behalf of government, on the ground
that, the petitioner in 1952 opposed the minister in General election.
Therefore, on the account of political rivalry, the minister passed such an
order, and hence the order was suffered from personal bias. Supreme
Court found the allegation to be true and thus quashed the said order.

6. PECUNIARY BIAS
 Pecuniary bias is a bias in which any financial interest, however small, with or
related to the parties, would vitiate administrative action.
 Mohapatra & Co. v/s State of Orissa (1984) 4 SCC 103
A committee was constituted by the government for the selection of some books
for educational institutions. Some of the members of the committee were authors
of the books. The committee selected the books of the author members. The court
held that there was possibility of pecuniary bias and the selection was set aside.

7. Subject Matter
bias:
The deciding officer is directly or indirectly related to the
subject-matter of the case.
Departmental
bias /
Institutional
bias:
The Department / Institution itself becoming the
adjudicating authority would negate the concept of
fairness in the administrative proceeding.
Preconceived
notion bias:
The deciding officer has a pre-conceived notion, feeling,
liking or disliking in regard to the subject matter which
forces him to give a specific judgement.
Bias on account
of obstinacy: Obstinacy means unreasonable and unwavering persistence
and the deciding officer would not a 'no' for the answer.