Nemo Judex in Causa Sua
/NEE-moh YOO-deks in KAW-sah SOO-ah/
No one should be a judge in their own cause — a principle of natural justice requiring absence of bias in decision-making.
Full Definition
Nemo judex in causa sua (Latin: 'no one a judge in their own cause') is the second foundational pillar of natural justice. It disqualifies anyone with a personal interest (pecuniary or otherwise) in a matter from adjudicating it. The rule protects not just actual bias but the appearance of bias — justice must not only be done but be seen to be done. Bias can be: (1) pecuniary — having a financial stake; (2) personal — personal hostility or friendship with a party; (3) subject-matter — prior involvement in the case.
In Indian Law
Embedded in Article 14 (equality) and applied by courts to all administrative and quasi-judicial proceedings. The Supreme Court in A.K. Kraipak v. Union of India (1969) held that reasonable likelihood of bias is sufficient to vitiate proceedings — actual bias need not be proved. Applied to disqualify judges who hold shares in a company-litigant, tribunal members who previously advised a party, and ministers who decide matters they were personally involved in.
Landmark Cases
A.K. Kraipak v. Union of India (1969) — Test of reasonable likelihood of bias
Ranjit Thakur v. Union of India (1987) — Bias in court martial proceedings
Frequently Asked Questions
What is the test for bias?
The Indian Supreme Court applies the 'real danger of bias' test — whether there is a real danger (not mere suspicion) that the decision-maker was biased. The question is asked from the point of view of a reasonable, fair-minded observer informed of all relevant facts.