Bias [adopted from Fr. biais, oblique]. The law will not suppose a possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea, 3 Bl. Com. 361. See R. v. Cork Justices, (1910) 2 Ir. R. 271.
The word 'bias' in popular English parlance stands included within the attributes and broader purview of the word 'malice', which in common acceptation mean and imply 'spite' or 'ill-will'.
Mere general statements will not be sufficient for the purposes of indication of ill-will. There must be cogent evidence available on record to come to the conclusion as to whether in fact there was existing a bias which resulted in the miscarriage of justice, Kumaon Mandal Vikas Nigam Ltd. v. Girja Shankar, AIR 2001 SC 24. [Constitution of India, Arts. 226, 14]
Bias may be defined as a pre-conceived opinion or a pre-disposition or pre-determination to decide a case or an issue in a particular manner, so much so that such pre-disposition does not leave the mind open to conviction. It is, in fact, a condition of mind, which sways jdugments and renders the Judge unable to exercise impartiality in a particular case, State of West Bengal v. Shivananda Pathak, (1998) 5 SCC 513: AIR 1998 SC 2050 (2056).
A predisposition to decide for or against one party without proper regard to the true merits of the dispute is bias. Personal bias is one of the three major limbs of bias namely pecuniary bias, personal bias and official bias, Secy to Govt., Transport Deptt. v. Munuswany Mudaliar, 1988 Supp SCC 651: AIR 1988 SC 2232 (2234). [Arbitration Act (10 of 1940)]
A predisposition to decide for or against one party, without proper regard to the true merits of the dispute is bias. There must be reasonable apprehension of that predisposition. The reasonable apprehension must be based on cogent materials, Rattan Lal Shrma v. Managing Committee Dr. Hari Ram (Co-Education) Higher Secondary School, (1993) 4 SCC 10: AIR 1993 SC 2155 (2161).
Inclination, prejudice; Black's Law Dictionary, 7th Edn.
Means a personal and often unreasoned judgment for or against one side in a dispute, Webster's Dictionary of Law, Indian Edn. (2005), p. 49.
Means lacking impartiality. Its proper significance is to denote a departure from the standard of even handed justice with the law requires from those who occupy judicial office, Franklin v. Minister of Town and Country Planning, (1948) AC 87; R. v. Mulvihil, (1990) 1 All ER 1; R.V. Romsey Justices ex p Gale, (192) 156 JPN 202.