All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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86.

In a disciplinary proceeding before the Medical Council of India, the Chairman of the Disciplinary Committee was the father-in-law of the Respondent. Which of the following statements is the most accurate application of the principle set out below ?


Principle :

The standard upon which to adjudge claim of bias is that of "reasonable likelihood", that is, a standard above mere unfounded suspicion.
A: Unless it can be established that the Chairman has displayed bias towards the Respondent in a prior instance, no charge of bias will lie.
B: The relationship between the Chairman and the Respondent gives rise to a reasonable likelihood of bias and therefore the Chairman must be disqualified.
C: The appointment of the Chairman is suspicious given his relationship to the respondent.
D: The chairman must not be disqualified since allegations against him of bias are mere unfounded suspicions.
E: The chairman can only be disqualified if he displays bias during the Course of the disciplinary proceedings.

The answer is: B

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Explanation

The most accurate application of the principle that "the standard upon which to adjudge claim of bias is that of 'reasonable likelihood,' that is, a standard above mere unfounded suspicion" in this situation is:

B: The relationship between the Chairman and the Respondent gives rise to a reasonable likelihood of bias, and therefore the Chairman must be disqualified.

Explanation:

In this case, the Chairman of the Disciplinary Committee is the father-in-law of the Respondent. This is a significant familial relationship that could reasonably be seen as potentially biasing the Chairman in favor of the Respondent. The principle states that the standard for judging bias is a "reasonable likelihood" of bias, which is higher than mere unfounded suspicion.

Given the close familial relationship between the Chairman and the Respondent, it is reasonable to conclude that there is a potential for bias in favor of the Respondent due to their personal connection. Therefore, in order to uphold the fairness and impartiality of the disciplinary proceedings, it is appropriate to disqualify the Chairman to avoid any perception of bias. Option B accurately reflects this principle.