Navigating the Nebulous Contours of Tests of Bias: An Endeavour to an Elegant Standardization

Abstract

Bias is an inalienable evil residing in every human being by the very virtue of human existence, which is a chronicle of moulding of opinions, predispositions and judgements born out of (in)experiences. The Rule against bias endeavours to mitigate bias and uphold the principles of fair play. The tests of bias is undoubtedly evolving, but without much clarity, it is entangling itself into a murky muddle of terminologies ranging from "reasonable suspicion", "real likelihood", "reasonable likelihood", "real danger in terms of real likelihood", and "real danger". The fusion and confusion in terminologies is evident in the judicial trend in England and India, and this has percolated within the academia. This paper highlights the visible predicament, and provides possible solutions to the same. En route, the paper embarks upon analysis of the most recent controversial judgement of Supreme Court in relation to bias in Lalit Kumar Modi v. Board of Control for Cricket in India and Ors., which merits an academic comment. The authors, after having indulged in an autopsy, conclude by chalking out a harmonious roadmap, which advocates for a "stringent reasonable suspicion test" to be applied uniformly, keeping in mind all the relevant factors in the Indian scenario.