Question

In which of the following cases did the Supreme Court of India hold that the rule of nemo judex in causa sua is subject to the doctrine of necessity?

• A. Sahni Silk Mills (P) Ltd. v. Employees’ State Insurance Corporation, (1994) 5 SCC 346
• B. In Re: Delhi Laws Act, AIR 1951 SC 332
• C. J. Mohapatra \& Co. v. State of Orissa, (1984) 4 SCC 103
• D. Union of India v. G. Ganayutham, (1997) 7 SCC 463

Hint:

Bias rule can be relaxed by necessity—if no alternate authority exists.

Answer 1

The Correct Option is C

Step 1: Understanding nemo judex rule.
Nemo judex in causa sua = No one should be a judge in his own cause.
Step 2: Doctrine of necessity.
When no other authority exists to decide a matter, even a potentially biased authority must decide—necessity overrides bias.
Step 3: Case law.
J. Mohapatra is the case where SC held nemo judex is subject to necessity.