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In administrative law, the rule against bias (nemo judex in causa sua) requires decision-makers to recuse themselves when there is a reasonable apprehension of bias. Which test do Indian courts apply to determine reasonable apprehension of bias?
- Actual bias must be proved
- Real likelihood of bias test: Would a reasonable person, knowing the facts, apprehend bias?
- Only financial interest constitutes bias
- Bias is irrelevant if decision is substantively correct
Answer: Real likelihood of bias test: Would a reasonable person, knowing the facts, apprehend bias?
Bias and recusal standards in India: (a) Real likelihood of bias test: (i) Not actual bias (hard to prove), but whether reasonable person, aware of circumstances, would apprehend bias, (ii) Factors: Personal interest, prior involvement, relationship with parties, public statements, (b) Types of bias: (i) Pecuniary bias: Financial interest in outcome (automatic disqualification), (ii) Personal bias: Relationship, enmity, favoritism, (iii) Subject-matter bias: Prior involvement in same matter, (iv) Departmental bias: Institutional interest affecting impartiality, (c) Recusal procedure: Decision-maker should voluntarily recuse; if not, party can request recusal with reasons; court/authority decides based on reasonable apprehension test, (d) Applications: Judicial recusal (judges), administrative recusal (regulators, inquiry officers), tribunal recusal, (e) Balance: Ensures impartiality while preventing frivolous recusal requests that delay justice. Illustrates procedural fairness: appearance of justice as important as actual justice.