Nemo judex in causa sua: Meaning, Explanation, Examples & Case Laws

Literal meaning	No one should be a judge in their own cause
Pronunciation	NAY-moh YOO-dex in COW-za SOO-ah

A person who decides a case must be free from bias. No one may judge a dispute in which they have a personal interest. This is the rule against bias, one of the two rules of natural justice.

Example

A university committee investigates a complaint and one committee member is the person who made the complaint. The decision can be set aside for bias.

Essentials

Actual bias: the decision-maker has a personal or financial interest.
Apparent bias: a reasonable person would suspect that the decision-maker may be biased.

Case laws

A.K. Kraipak v. Union of India (1969), Supreme Court: a person who was a candidate for selection also sat on the selection board. Held: the selection was bad because of the risk of bias.

Exceptions / limits

Necessity: if no other person can decide the matter, a biased person may still decide.
A statute can allow an interested person to decide.

Exam tip

Asked with audi alteram partem under the principles of natural justice. Name the three kinds of bias: pecuniary, personal and subject-matter.

Memory trick

Judge, not party: one person cannot wear both hats.

Key takeaway

A decision-maker with an interest in the matter must not decide it.