Analysis of Judicial Obstinacy as a Form of Bias in the Light of ‘State of West Bengal V. Shivananda Pathak, (1998) 5 SCC 513’

Principles of natural justice in administrative law saw a new expansion in 1998 through the case of State of West Bengal v. Shivananda Pathak, (1998) 5 SCC 513, in which judicial obstinacy was observed as a new form of bias. The basic tenet of judicial obstinacy lies in a very intricate state of mind of the judge that creates real likelihood of bias. This is the upshot of pre-judgment paradigm where the judge disqualifies himself because he was prior associated in the case as a fundamental decision maker which is in his hand subsequently. The paper aims at analyzing the instant case as a harbinger of judicial obstinacy. The factual background of the case helps us in finding out reasonable grounds on determining obstinacy or stubbornness of the decision maker. This clears the question on obstinacy thereby aiding us to find the contours and limitations on obstinacy as a type of bias. Although this is not much interpreted type of bias but the paper concludes on many questions on the integrity of a decision maker which is of utmost importance in administrative, quasi-judicial and judicial proceedings.