Rule Against Bias or Nemo Judex in Causa Sua

“No one should be a judge in his own case,” since it refers to the rule of bias. Bias means an act that leads to an unfair job, whether in an unconscious or conscious phase about a specific case or the party. Hence, this rule reinforces a judge to be imparted and ensures that the judgment delivered is solely based on the evidence available for a case.

Nemo Judex Causa sua means rule against bias, which is the first principle of natural justice that states no individual can be a judge in his or her own case, or the deciding power must be neutral and impartial when examining a case.

Principle of Natural Justice

Principles of Natural Justice: The principles of Natural justice are for ensuring equity in the economic undertakings for society and people and it defends individual liberty which is against arbitrary action. The idea of natural justice is not present in the Indian constitution but is considered to be an important element of mandatory management of justice. It originates from “jus natural” and refers to the established differences between right and wrong.

Read below this article to learn about what Principles of Natural Justice: Law of Nature and other interesting facts about it.

Principle of Natural Justice

Table of Content

  • Overview of Principles of Natural Justice: Law of Nature
  • Principles of Natural Justice: Law of Nature
  • Indian Constitution and Principles of Natural Justice
  • Two Principles of Natural Justice
  • Rule Against Bias or Nemo Judex in Causa Sua
  • Types of Bias
  • Audi Alteram Partem (Rule of Fair Hearing)

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Overview of Principles of Natural Justice: Law of Nature

Natural’ justice is not simply the justice set up in nature. It is actually a set of ideas naturally connected with justice, irrespective of whether these ideas are part of the law or not. Natural justice has administrative discretion. It aims to prevent any form of mischief or unfairness towards the resident with the management authorities....

Principles of Natural Justice: Law of Nature

Principles of natural justice in India are the set of regulations made by the courts that provide the least protection of the person’s rights against the arbitrary policies that judicial and quasi-judicial principles of natural justice in administrative law may adopt while making an order working on those rights....

Indian Constitution and Principles of Natural Justice

Even though there is no mention of the expression ‘Natural Justice’ anywhere in the Indian Constitution, But there are some parts of the Constitution that convey the idea of natural justice in the following ways:...

Two Principles of Natural Justice

There are mainly two principles of natural justice, which are:...

Rule Against Bias or Nemo Judex in Causa Sua

“No one should be a judge in his own case,” since it refers to the rule of bias. Bias means an act that leads to an unfair job, whether in an unconscious or conscious phase about a specific case or the party. Hence, this rule reinforces a judge to be imparted and ensures that the judgment delivered is solely based on the evidence available for a case....

Types of Bias

(a) Personal bias is derived from a relationship between a deciding authority and the party. The deciding administration may be put in a fix to undertake an unfair act and deliver judgment in a person’s favor....

Audi Alteram Partem (Rule of Fair Hearing)

These three Latin words simply mean that a person can receive punishment or conviction without having a civil and fair chance of being heard. Simply put, it means that both parties must have a chance to express their opinion, and a fair trial should be held by the authorities accordingly. This is an essential rule of natural justice, as it prevents the authorities from giving any individual a punishment without a sound and valid ground....

Conclusion

Natural justice implies fairness, being reasonable, and having equality. These are procedural principles that every administrative authority must follow when taking a decision that might adversely affect the rights of a private individual. The principle of natural justice has been followed and adopted to protect public rights against random, arbitrary decisions taken by administrative authorities. Therefore, an individual can clearly see that the rule of natural justice comprises concepts like fairness and honesty; by staying alive, they help to safeguard fair dealing....

FAQs: Principles of Natural Justice: Law of Nature

Define ‘Natural Justice’....