Natural Justice Term Bias | Education

                    Natural justice

The term natural justice expresses the close relationship between the common law and moral principles describing what is right and what is wrong. It is held that natural justice is justice that is simple and elementary as distinct from justice that is complex sophisticated and technical. The rule of natural justice have developed with growth of civilization and rule of law.

Maxims of natural justice

Principles are

(i)- Nemo debt esse judex in propia causa

No one shall be judge in his own cause.

(ii)- Audi alteram partem:

No one should be condemned unheard

(iii)- Reasoned decision:

Every decision should be supported by reasons.

Bias

Nemo debt esse judex in propia causa

Adjudicator must not have any direct financial or proprietry interest

Adjudicator must not be reasonably suspected or show a likely hood of bias: Judge should be impartial Judge should be neutral Judge should be free from bias Judge must be indifferent Judge must be in position to act judicially To decide the matter objectively. Pecuniary bias Personal bias

 Official bias or bias as to subject

It means that there is a presumption that any financial interest however small in the matter disqualifications a person from adjudicating. It is obvious that pecuniary interest however small it may be in a subject matter of the proceedings would wholly disqualify a member from acting as a judge.

The second type of bias is a personal one. A number of circumstances may give rise to personal bias. Here a judge may be a relative friend or business associates of a party. He may have some personal grudge enmity or grievance or professional rivairy against him. Justice must be rooted in confidence and confidence is destroyed when right minded people go away thinking.

The third type of bias is official bias or as to the subject matter. This may arise when the judge has a general interest in the subject matter.

Only rarely will this bias invalidate proceedings.When a person cannot perform his duties. 

Bias

The judge has passed decree. The judiciary published the latest case laws in the every months so that the people  get knowldged. The test of bias is whether a reasonable intelligent man fully apprised of all the test of bias is whether a reasonable circumstances intelligent man would feel a serious apprehension of bias.If a statutory provisions either specifically or by necessary implication excludes the application of any or all of principles of natural justice. Legislative acts or subordinate legislation is also not subject to the rules of natural justice.