NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA

MAXIM:

Nemo debet esse judex in propria causa

 MEANING:

No man can be judge in his own cause

 ORIGIN:

latin

 EXPLANATION:

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

BIAS”.

BIAS:

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

litigation. (3)

(1) AIR 1963 SC 1719

(2) AIR 1965 SC 1096

(3) AIR 1959 SC 308

credit: Swetha.S