Can one be totally unbiased while taking major decisions ?

Judges are supposed to be completely guided by the legal principles and evidences adduced before them and the scope for bias playing any role does not arise. A good judgment is always a speaking one. A speaking order of a judge dwells on the reasons on the basis which he or she arrives at a decision. Thus the scope for subjectivity is very less. More so as all the judgements delivered by judges of courts below the highest court are liable to be set aside if any bias taint those judgments!

The judges are more or less unbiased as they work according to law. It is possible that in some cases the parties are related to judges. The advocate pleading the case could be related. Mostly in such cases, judges transfer the cases to some other judge clearly mentioning their extent of interest in the case. when a judge has any interest in outcome of case, he should not be judge in that case. By and large, judiciary is still unbiased and impartial, especially at higher level.

I tend to think that even though they go by evidence and other facts, they still may get swayed by personal feelings.I have seen it happen , and it is very difficult to pin point since the facts can go either way,depending on ones perception.To give an example - A case involving property right between 2 people where both have bought the property from the same builder and at almost the same time, a cheating case involving the builder and two people who have both been cheated?
It is the same with other issues as well, people are not perfect they let their personal feelings take over while making a decision, that has been my experience ...

As a matter of fact this should be according to rules and regulations in all cases but I must agree with you that practically this is not so in some cases because even if I do not use strong word like prejudiced, a judge is only a human and has his own ways of thinking. I agree that a man should forget his personal views/thinking while taking a decision but this is not so otherwise there was no need of higher courts and benches consisting of additional number of judges. This is true for every field but that changes gradually with time or getting better with experience.

I tend to think that even though they go by evidence and other facts, they still may get swayed by personal feelings.I have seen it happen , and it is very difficult to pin point since the facts can go either way,depending on ones perception.To give an example - A case involving property right between 2 people where both have bought the property from the same builder and at almost the same time, a cheating case involving the builder and two people who have both been cheated?
It is the same with other issues as well, people are not perfect they let their personal feelings take over while making a decision, that has been my experience ...

It's true some verdicts of lower court might suffer from such legal infirmities but those don't stand in higher courts. I know of so many cases when the judges of higher court passed strictures on them while setting aside these verdicts citing simple non-application of minds!

I tend to think that even though they go by evidence and other facts, they still may get swayed by personal feelings.I have seen it happen , and it is very difficult to pin point since the facts can go either way,depending on ones perception.To give an example - A case involving property right between 2 people where both have bought the property from the same builder and at almost the same time, a cheating case involving the builder and two people who have both been cheated?
It is the same with other issues as well, people are not perfect they let their personal feelings take over while making a decision, that has been my experience ...

It's true some verdicts of lower court might suffer from such legal infirmities but those don't stand in higher courts. I know of so many cases when the judges of higher court passed strictures on them while setting aside these verdicts citing simple non-application of minds!

No doubt we have higher courts right upto the highest level - The supreme court.But let us take some practical implications here.When the case gets transferred to a higher court , the lawyers fees also become higher.In Bangalore high court a good lawyer charges anything between Rs 15,ooo to Rs 20,000 per each sitting, and with many adjournments and delays one can see how the poor litigant gets to spend for probably no fault of his.And if he has to go to the Supreme court the lawyers charge nothing less than a lakh and a half for sitting...Most of the time this is because of faulty judgment given by the lower courts ..

I tend to think that even though they go by evidence and other facts, they still may get swayed by personal feelings.I have seen it happen , and it is very difficult to pin point since the facts can go either way,depending on ones perception.To give an example - A case involving property right between 2 people where both have bought the property from the same builder and at almost the same time, a cheating case involving the builder and two people who have both been cheated?
It is the same with other issues as well, people are not perfect they let their personal feelings take over while making a decision, that has been my experience ...

It's true some verdicts of lower court might suffer from such legal infirmities but those don't stand in higher courts. I know of so many cases when the judges of higher court passed strictures on them while setting aside these verdicts citing simple non-application of minds!

No doubt we have higher courts right upto the highest level - The supreme court.But let us take some practical implications here.When the case gets transferred to a higher court , the lawyers fees also become higher.In Bangalore high court a good lawyer charges anything between Rs 15,ooo to Rs 20,000 per each sitting, and with many adjournments and delays one can see how the poor litigant gets to spend for probably no fault of his.And if he has to go to the Supreme court the lawyers charge nothing less than a lakh and a half for sitting...Most of the time this is because of faulty judgment given by the lower courts ..

I agree that cost is becoming prohibitive and almost unaffordable for the people and this is an area which can do with very urgent judicial reform. I would like to have a concept like judicial accountability or audit in this regard so that judges delivering these mala fide judgement are duly called to account for these kinds of judgments.

To be frank it very difficult to do that and i salute that person who can be totally unbiased in major decisions. After all we are human. Our emotions will take us somewhere.

Its human tendency to favour people whom we know I would do the same but when the decision has to be taken by a judge or decision may have a greater impact I won't be biased. As far as Online forum is concerned every where rules are there and big bosses should follow them also there should be someone above them too who can check their decisions. :)

I tend to think that even though they go by evidence and other facts, they still may get swayed by personal feelings.I have seen it happen , and it is very difficult to pin point since the facts can go either way,depending on ones perception.To give an example - A case involving property right between 2 people where both have bought the property from the same builder and at almost the same time, a cheating case involving the builder and two people who have both been cheated?
It is the same with other issues as well, people are not perfect they let their personal feelings take over while making a decision, that has been my experience ...

It's true some verdicts of lower court might suffer from such legal infirmities but those don't stand in higher courts. I know of so many cases when the judges of higher court passed strictures on them while setting aside these verdicts citing simple non-application of minds!

No doubt we have higher courts right upto the highest level - The supreme court.But let us take some practical implications here.When the case gets transferred to a higher court , the lawyers fees also become higher.In Bangalore high court a good lawyer charges anything between Rs 15,ooo to Rs 20,000 per each sitting, and with many adjournments and delays one can see how the poor litigant gets to spend for probably no fault of his.And if he has to go to the Supreme court the lawyers charge nothing less than a lakh and a half for sitting...Most of the time this is because of faulty judgment given by the lower courts ..

I agree that cost is becoming prohibitive and almost unaffordable for the people and this is an area which can do with very urgent judicial reform. I would like to have a concept like judicial accountability or audit in this regard so that judges delivering these mala fide judgement are duly called to account for these kinds of judgments.

Apparently ,There is a provision for claiming the legal expenditures involved if the case goes your way and you are not the litigant.But, it is a long drawn out process and one would rather not go through it all over again...

Its human tendency to favour people whom we know I would do the same but when the decision has to be taken by a judge or decision may have a greater impact I won't be biased. As far as Online forum is concerned every where rules are there and big bosses should follow them also there should be someone above them too who can check their decisions. :)

Of course that is there .....We can only hope that anywhere in life responsibility makes people more broad minded and also fair so that they have the satisfaction of having done their job well !

As a matter of fact this should be according to rules and regulations in all cases but I must agree with you that practically this is not so in some cases because even if I do not use strong word like prejudiced, a judge is only a human and has his own ways of thinking. I agree that a man should forget his personal views/thinking while taking a decision but this is not so otherwise there was no need of higher courts and benches consisting of additional number of judges. This is true for every field but that changes gradually with time or getting better with experience.

There is a saying that rules are meant to be broken and many will take comfort from that fact....When it is a matter of personal gain or loss an individual is bound to think differently and look after his/her interest first, no matter what position he or she is in..

Its human tendency to favour people whom we know I would do the same but when the decision has to be taken by a judge or decision may have a greater impact I won't be biased. As far as Online forum is concerned every where rules are there and big bosses should follow them also there should be someone above them too who can check their decisions. :)

Of course that is there .....We can only hope that anywhere in life responsibility makes people more broad minded and also fair so that they have the satisfaction of having done their job well !

But to reach that satisfaction is not easy as people don't sense their responsibilities.World would be totally different if all of us know what are our responsibility and able to perform them better. :)

As a matter of fact this should be according to rules and regulations in all cases but I must agree with you that practically this is not so in some cases because even if I do not use strong word like prejudiced, a judge is only a human and has his own ways of thinking. I agree that a man should forget his personal views/thinking while taking a decision but this is not so otherwise there was no need of higher courts and benches consisting of additional number of judges. This is true for every field but that changes gradually with time or getting better with experience.

There is a saying that rules are meant to be broken and many will take comfort from that fact....When it is a matter of personal gain or loss an individual is bound to think differently and look after his/her interest first, no matter what position he or she is in..

I am feeling bad but that is true. I have seen people changed too fast when they get power in hands however small or big. People shouting law and rules at a drop of a hat would act differently. But that is life for you, take it or leave it. I would rather leave it any day, what is not good for me is not good for others as well. Justice should not only be done but it should look like being done.

Good judge is a person who always give fair judgement. Many people take disadvantage of their power and position which they should not do. Judge is always neutral. He has no liking and no relationship with anybody.

As a matter of fact this should be according to rules and regulations in all cases but I must agree with you that practically this is not so in some cases because even if I do not use strong word like prejudiced, a judge is only a human and has his own ways of thinking. I agree that a man should forget his personal views/thinking while taking a decision but this is not so otherwise there was no need of higher courts and benches consisting of additional number of judges. This is true for every field but that changes gradually with time or getting better with experience.

There is a saying that rules are meant to be broken and many will take comfort from that fact....When it is a matter of personal gain or loss an individual is bound to think differently and look after his/her interest first, no matter what position he or she is in..

I am feeling bad but that is true. I have seen people changed too fast when they get power in hands however small or big. People shouting law and rules at a drop of a hat would act differently. But that is life for you, take it or leave it. I would rather leave it any day, what is not good for me is not good for others as well. Justice should not only be done but it should look like being done.

But what to do when some people have different parameters set for themselves and for others I have seen people who would say it bad when others do it and its fine when they do it. :evil:

As a matter of fact this should be according to rules and regulations in all cases but I must agree with you that practically this is not so in some cases because even if I do not use strong word like prejudiced, a judge is only a human and has his own ways of thinking. I agree that a man should forget his personal views/thinking while taking a decision but this is not so otherwise there was no need of higher courts and benches consisting of additional number of judges. This is true for every field but that changes gradually with time or getting better with experience.

There is a saying that rules are meant to be broken and many will take comfort from that fact....When it is a matter of personal gain or loss an individual is bound to think differently and look after his/her interest first, no matter what position he or she is in..

I am feeling bad but that is true. I have seen people changed too fast when they get power in hands however small or big. People shouting law and rules at a drop of a hat would act differently. But that is life for you, take it or leave it. I would rather leave it any day, what is not good for me is not good for others as well. Justice should not only be done but it should look like being done.

But what to do when some people have different parameters set for themselves and for others I have seen people who would say it bad when others do it and its fine when they do it. :evil:

Double standards in life is something that has becomes almost accepted in our society.You have one rule for yourself and your close ones another rule for others, that's why I started this discussion.Most expect fairness from others but when it comes to their own judgment one can never be sure...

As a matter of fact this should be according to rules and regulations in all cases but I must agree with you that practically this is not so in some cases because even if I do not use strong word like prejudiced, a judge is only a human and has his own ways of thinking. I agree that a man should forget his personal views/thinking while taking a decision but this is not so otherwise there was no need of higher courts and benches consisting of additional number of judges. This is true for every field but that changes gradually with time or getting better with experience.

There is a saying that rules are meant to be broken and many will take comfort from that fact....When it is a matter of personal gain or loss an individual is bound to think differently and look after his/her interest first, no matter what position he or she is in..

I am feeling bad but that is true. I have seen people changed too fast when they get power in hands however small or big. People shouting law and rules at a drop of a hat would act differently. But that is life for you, take it or leave it. I would rather leave it any day, what is not good for me is not good for others as well. Justice should not only be done but it should look like being done.

But what to do when some people have different parameters set for themselves and for others I have seen people who would say it bad when others do it and its fine when they do it. :evil:

Double standards in life is something that has becomes almost accepted in our society.You have one rule for yourself and your close ones another rule for others, that's why I started this discussion.Most expect fairness from others but when it comes to their own judgment one can never be sure...

It's quite true that bias does influence the conduct of many people in a society like ours which has been witnessing dwindling standards of morality even from those quarters and people who are supposed to uphold and lead us. In the midst of this depressing reality, I know some people who continue to remain unbiased and maintain very high standards of moral conduct in the face of all odds.

As a matter of fact this should be according to rules and regulations in all cases but I must agree with you that practically this is not so in some cases because even if I do not use strong word like prejudiced, a judge is only a human and has his own ways of thinking. I agree that a man should forget his personal views/thinking while taking a decision but this is not so otherwise there was no need of higher courts and benches consisting of additional number of judges. This is true for every field but that changes gradually with time or getting better with experience.

There is a saying that rules are meant to be broken and many will take comfort from that fact....When it is a matter of personal gain or loss an individual is bound to think differently and look after his/her interest first, no matter what position he or she is in..

I am feeling bad but that is true. I have seen people changed too fast when they get power in hands however small or big. People shouting law and rules at a drop of a hat would act differently. But that is life for you, take it or leave it. I would rather leave it any day, what is not good for me is not good for others as well. Justice should not only be done but it should look like being done.

But what to do when some people have different parameters set for themselves and for others I have seen people who would say it bad when others do it and its fine when they do it. :evil:

Double standards in life is something that has becomes almost accepted in our society.You have one rule for yourself and your close ones another rule for others, that's why I started this discussion.Most expect fairness from others but when it comes to their own judgment one can never be sure...

It's quite true that bias does influence the conduct of many people in a society like ours which has been witnessing dwindling standards of morality even from those quarters and people who are supposed to uphold and lead us. In the midst of this depressing reality, I know some people who continue to remain unbiased and maintain very high standards of moral conduct in the face of all odds.

Thats true ! Though one must say that it is a very small number who are able to stand upto their convictions and they are hated by the society for what they stand for because the feeling is that they come in the way .Such people hate to see a disorderly and disorganised way of life and go about correcting it if they can, but face resistance all the time ! We have a rare politician here who fits the description of a person with very high standards of moral conduct.He is however not liked many because of his straight talk and no nonsense attitude .People like those who are sweet talkers even if they are corrupt and may easily steal everything from them given a chance ...

As a matter of fact this should be according to rules and regulations in all cases but I must agree with you that practically this is not so in some cases because even if I do not use strong word like prejudiced, a judge is only a human and has his own ways of thinking. I agree that a man should forget his personal views/thinking while taking a decision but this is not so otherwise there was no need of higher courts and benches consisting of additional number of judges. This is true for every field but that changes gradually with time or getting better with experience.

There is a saying that rules are meant to be broken and many will take comfort from that fact....When it is a matter of personal gain or loss an individual is bound to think differently and look after his/her interest first, no matter what position he or she is in..

I am feeling bad but that is true. I have seen people changed too fast when they get power in hands however small or big. People shouting law and rules at a drop of a hat would act differently. But that is life for you, take it or leave it. I would rather leave it any day, what is not good for me is not good for others as well. Justice should not only be done but it should look like being done.

But what to do when some people have different parameters set for themselves and for others I have seen people who would say it bad when others do it and its fine when they do it. :evil:

Double standards in life is something that has becomes almost accepted in our society.You have one rule for yourself and your close ones another rule for others, that's why I started this discussion.Most expect fairness from others but when it comes to their own judgment one can never be sure...

It's quite true that bias does influence the conduct of many people in a society like ours which has been witnessing dwindling standards of morality even from those quarters and people who are supposed to uphold and lead us. In the midst of this depressing reality, I know some people who continue to remain unbiased and maintain very high standards of moral conduct in the face of all odds.

Thats true ! Though one must say that it is a very small number who are able to stand upto their convictions and they are hated by the society for what they stand for because the feeling is that they come in the way .Such people hate to see a disorderly and disorganised way of life and go about correcting it if they can, but face resistance all the time ! We have a rare politician here who fits the description of a person with very high standards of moral conduct.He is however not liked many because of his straight talk and no nonsense attitude .People like those who are sweet talkers even if they are corrupt and may easily steal everything from them given a chance ...

That sums it up very nicely! Looking at the state of affairs of our country one need not go beyond dearth of such venerable characters as the sole reason for whatever is wrong with our country. But the truth lies in the fact that such problems existed in all ages in greater or lesser forms!