Doctrine of Bias and Writ Remedies

Bias

• Bias is a condition or state of mind that impairs impartiality in decision-making. It can arise in administrative, executive, quasi-judicial, or judicial contexts.
• A litigant need not demonstrate actual bias but must establish a real likelihood of bias or reasonable suspicion of it.
• The test for bias revolves around the existence of a real likelihood of bias or reasonable apprehension of it.
• Even if an authority acts in good faith, a decision tainted by bias—whether conscious or unconscious—can be questioned.

An interesting precedent from the Hon’ble Punjab High Court:

• The Assistant Commissioner in adjudication dropped the show cause notice issued to the petitioner.
• The Commissioner reviewed the Assistant Commissioner’s order and directed him to file an appeal before the Commissioner (Appeals).
• The Commissioner (Appeals) is the wife of the Commissioner who reviewed the Assistant Commissioner’s order.
• The petitioner alleges that bias exists due to the familial relationship between the Commissioner and Commissioner (Appeals).
• The Hon’ble High Court concurred and held that the appeal, though filed by the Assistant Commissioner, was based on a review undertaken by the Commissioner who is the husband of the Commissioner (Appeals). Hence, there is a reasonable apprehension of bias in the petitioner’s mind.

When bias affects decision-making, individuals can seek writ remedies before the courts to ensure fairness and impartiality