JUDICIAL APPROACHES SHAPED BY PERSONAL BIAS: AN ANALYTICAL PERSPECTIVE

AUTHOR – BREETHOW CHRIS N, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU.

BEST CITATION – BREETHOW CHRIS N, JUDICIAL APPROACHES SHAPED BY PERSONAL BIAS: AN ANALYTICAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 82-86, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

How will you come to know that the judges from different backgrounds might prejudiced, can you accept the verdicts? Now will analyze substantial literature on judicial decision making in detail and explain how the demographic factors and ideologies of judges can influence or structure their decision making. It is evident that sometimes race, nationality, caste and gender might affect judicial decision making. On the basis of these mentioned personal biased, the  decision-making role was played by a numerous cases like R. vs. Sunderland, Manak Lal vs. Prem Chand, Meenglass Tea Estate vs. Workmen, S. Parthasarathi vs. State of Andhra Pradesh, State of Uttar Pradesh vs. Mohd. Nooh, A.K. Kraipak vs. Union of India, Mineral Development Ltd. vs. State of Bihar, A.P. State Road Transport Corporation, Hyderabad vs. Satya Narain Transport Ltd., Kirti Deshmankar vs. Union of India, S.L. Kapoor vs. State of Himachal Pradesh and Tata Cellular vs. Union of India. The more important is that it suggests the literature deems such characteristics as far less important in shaping or predicting outcomes compared to ideology or partisanship-associated closely with gender, race, and ethnicity. This leads us to conclude that assuming judges from different backgrounds are biased because they rule differently is questionable. So, that the application of the law rarely offers few objectively correct answer to the issue, it is a serious thing to note by anybody that judges decisions vary according to their personal backgrounds and most importantly, according to their ideologies.

This article therefore examines the effects of personal biases on judicial decision-making and looks at how individual experiences, ideologies, and implicit preferences shape the direction of legal outcomes. While it is expected that judges must apply the law with being complete impartiality, personal prejudices at conscious and unconscious levels which can affect the fact interpretation, with prior to legal precedents consideration and sentence of punishments. The essay examines a range of judicial systems; the particular historical and modern cases have been considered in terms of potential bias in judgment formation. By using the points of cognitive and legal theories, it explores how a judge’s political affluence, (his/her) gender, racial fames, and social background may each operate to influence their own decisions. Significantly, it considers inside structures to the judiciary that exist to defuse partiality and to ensure that justice is enacted. My opinion would attempt to create awareness and advocate deeper changes in the institutional level by way of minimizing the subjective bias impacts upon our judiciary.

Keywords: Judicial Decision-Making, Personal Bias, Natural Justice, Case Law.