Arbitral Bias In India

Right to a fair trial is one of the fundamental principles of any judicial or quasi-judicial proceeding. Judges are expected to perform their judicial functions in an impartial manner, without any predisposition, bias or prejudice. However, this is not as simple as it sounds. After all, judges are also humans, and as M. Scott Peck once said, “Human beings are poor examiners, subject to superstition, bias, prejudice, and a profound tendency to see what they want to see rather than what is really there”.

There have been several attempts to lay down the core values of judicial conduct. The most significant of these are ‘The Bangalore Principles of Judicial Conduct, 2002’, which recognises the following principles which are essential to establish standards for ethical conduct of judges:

Please click here to read the full article by Divyam Agarwal and Pallavi Kumar published in BW Legal World.