Nemo judex in causa sua
Latin: No one should be a judge in his own cause.
Also called: Rule against bias, Nemo debet esse judex in propria causa
No one should be a judge in his own cause. It is the rule against bias, one of the two main principles of natural justice.
Explained
Nemo judex in causa sua is the rule against bias. Together with audi alteram partem, the right to be heard, it forms the core of natural justice in Indian administrative law. Its basis is that justice must not only be done but must be seen to be done, so a decision maker must be free from any interest or disposition that could affect the outcome.
Bias is usually grouped into three kinds. Pecuniary bias arises from any financial interest in the matter, and even a small direct financial interest ordinarily disqualifies. Personal bias arises from relationship, friendship, hostility or professional connection with a party. Bias as to subject matter, or official bias, arises where the decision maker has prejudged the issue or is connected with the matter in another capacity. The test applied by the Supreme Court is whether there is a reasonable likelihood of bias, judged by human probabilities, and not whether bias was actually proved; mere suspicion is not enough.
A.K. Kraipak v. Union of India (1969) is the leading case. A candidate for selection to the Indian Forest Service sat on the Selection Board that assessed him and his rivals. The Court set aside the selections, holding that he was a judge in his own cause, that natural justice applies to administrative proceedings, and that his presence must have influenced the Board even though he did not take part when his own name was considered. The rule is subject to the doctrine of necessity, which allows a disqualified authority to act where no other authority can decide.
Statute also gives effect to the maxim. Section 525 of the BNSS, earlier Section 479 of the CrPC, bars a Judge or Magistrate from trying or committing for trial a case to which he is a party or in which he is personally interested, except with the permission of the appellate Court. Section 12 of the Arbitration and Conciliation Act, 1996 requires disclosure of circumstances giving rise to justifiable doubts about an arbitrator's independence or impartiality, and makes persons in the categories of the Seventh Schedule ineligible.
What the law says
No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.
Explanation.—A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.
Judge or Magistrate personally interested not to try the case
Earlier law: CRPC 479. Cases in which Judge or Magistrate is personally interested.
[(1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances,—
(a) such as the existence either direct or indirect, of any past or present relationship with or interest in any of the parties or in relation to the subject-matter in dispute, whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to his independence or impartiality; and
(b) which are likely to affect his ability to devote sufficient time to the arbitration and in particular his ability to complete the entire arbitration within a period of twelve months.
Disclosure and ineligibility of an arbitrator for bias
Earlier law: Section 479, CrPC
Example
For example, if a member of a university selection committee is the brother of one of the candidates, the selection is open to challenge on the ground of personal bias, even if the member did not vote for his brother.
For the exam
- Means no one should be a judge in his own cause: the rule against bias.
- Kinds of bias: pecuniary, personal and subject matter or official bias.
- Test is reasonable likelihood of bias, not proof of actual bias (A.K. Kraipak, 1969).
- Natural justice applies to administrative as well as quasi-judicial action.
- Exception: doctrine of necessity. Statutory form: Section 525 BNSS, earlier Section 479 CrPC.
2 questions in the Law Maker question bank use this maxim. Practise Administrative Law questions
Judgments
Related terms
- Audi alteram partemA rule of natural justice that no one should be condemned unheard: a person affected by a decision must have notice of the case and a fair chance to answer it.
- CertiorariA writ by which a superior court calls up the record of an inferior court, tribunal or authority and quashes a decision made without jurisdiction, against natural justice, or with an error of law apparent on the record.
- Delegatus non potest delegareA person to whom a power or duty has been delegated must exercise it himself and cannot pass it on to another, unless the authority conferring it permits sub-delegation.
- Ultra viresBeyond the powers. An act, rule or law made in excess of the authority conferred by the Constitution, the parent statute or a company's memorandum is ultra vires and void.
- Bona fideIn good faith; genuine and honest, without fraud or deceit. Its opposite is mala fide. Statutes give good faith their own definitions.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.