Rule against Bias: An Immaculate Principle for Securing Integrity of Judges

  • Shakti Gayatri Panda
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  • Shakti Gayatri Panda

    Advocate at Patna Civil Court, India

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Have you ever wondered that why the symbol of Justice i.e. statue of Goddess Themis has been blindfolded and holds a balance scale in one hand? The simple answer is that blindfolding represents impartiality, while balanced scale symbolizes giving fair and objective consideration to all evidences, without showing bias in one way or other. This symbol clearly demonstrates the position of a judge and envisages the duty of a Judge. A Judge is a public official who is vested with the authority to hear, determine and preside over legal matters brought in a court of law. Delivering pure and impartial justice is the crucial duty of a Judge. To discharge the duty of dispensing pure and impartial justice is never an easy task. Judges are also belong to species of homo sapiens. A person however impartial he may be, but he tends to biased consciously or unconsciously when it comes to his own matters. In order to prevent such disgraceful incidents, there are some procedural safeguards which upheld the integrity of Judges and Judicial Institution. One of the cardinal principle of natural justice is nemo debet esse judex in propria causa sua, which means no one shall be judge in his own case. Partial and biased judgment encompasses disastrous impression upon the innocent party as well as the society to the great extent. With the advent of rule against bias, even a small doubt on impartiality of Judge has been wiped out. This principle has strengthened the trust of people upon justice delivery system. However principle of natural justice rooted in the natural innate feeling of human being. This principle of rule against bias has upheld the dignity of sacred institution of justice by preventing it from committing the vice of partiality and injustice.


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International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1899 - 1906


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