THE RULE AGAINST BIAS IN INDIA – A COMPARATIVE ANALYSIS

Abstract: In the paper the author argues that, the principle of bias has assumed a distinct identity, even though the theories underlying the working of the principle may have been borrowed from foreign jurisdictions. The author also argues that the courts in the India have haphazardly used different tests of bias without actually engaging in a theoretical discourse for the need to apply the principle. In conclusion the paper seeks to justify that despite references to numerous methodologies for evaluating allegations of bias, and despite the deployment of different test, the courts have actually been following a singular methodology in which the judges themselves are evaluating the allegations of bias – not as a personification of a reasonable person – but as judges themselves