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Diya Arvind   21 January 2022

legal maxim

what is the scope of the maxim "nemo debet esse judex in sua propria causa"?

 1 Replies

Aarushi   21 January 2022

The maxim Nemo Debet Esse Judex In Sua Propria Causa literally menas “no one ought to be a judge in his or her cause”. This maxim comes from the principle of Natural Justice. According to this maxim, the judge, should be fair, impartial and unbiased. This principle demands that judtice must not merely be done but it was also necessary that it was seen been done. If a judge or adjudicating authority is biased towards either of the party, he could not be expected to do justice in the matter. Such a decision must be set aside. The objective of this maxim is to ensure public confidence in the impartiality of the system.

R v. Bath Compensation Authority

In this case the court observed that the object of the principle of Nemo Debet Esse Judex In Sua Propria Causa was not merely that the scale of justice be held evenly, but also that it must not appear to be inclined.

Metropolitan Properties Co (FGC) Ltd v. Lannon

In this case, the court held that a person can be disqualified from judging any matter on the basis of 2 grounds. First, on having a direct monetary interest in the matter. Second, on having a bias for either party.

Manal Lal v. Dr. Prem Chand

In this case, a petition was filed by A against B, for act of misconduct, subsequently, a committee was formed to look into the matter. It was shown later that the chairman who looked into the inquiry had earlier represented A in a previous case. Although, the Chairman did not remember A and the time when he had represented him, it was held by the Supreme Court that chances of bias exist and thus the Chairman should not conduct the inquiry.

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