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Home Law & Policy

Recusal of Judge

November 17, 2020
in Law & Policy
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Recusal of Judge
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Recently Justice Lalit recused himself from hearing pleas seeking against Andra Pradesh CM Jagan Mohan

What is the recusal of a judge?

  • Recusal is “removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest”.
  • It has been a practice in the Supreme Court that in serious issues like inter-state water disputes, judges from the state concerned do not sit on the bench to decide them. 
  • The right to recuse is given to the discretion of the judges.
  • A judge should ideally recuse from a proceeding in which his impartiality might reasonably be questioned due to the possibility of personal bias or prejudice or if he has been a lawyer or judge in the matter at some stage. 

Rules on recusal of a judge

  • As of now, there are no written rules on the recusal of judges from hearing cases listed before them in constitutional courts. 
  • It is left to the discretion of a judge.
  • The reasons for recusal are not disclosed in an order of the court. 
  • Some judges orally convey to the lawyers involved in the case their reasons for recusal, many do not. 
  • Some explain the reasons in their order. 
  • The decision rests on the conscience of the judge. At times, parties involved raise apprehensions about a possible conflict of interest. 

Is it necessary to put reasons on record?

National Judicial Appointments Commission judgment in 2015: in this case Justice (now retired) Kurian Joseph, who was a member of the Constitution Bench, highlighted the need for judges to give reasons for recusal as a measure to build transparency.

He further mentioned that “It is the constitutional duty, as reflected in one’s oath, to be transparent and accountable, and hence, a judge is required to indicate reasons for his recusal from a particular case,” 

Implication 

A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.

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Source: The Hindu
Tags: Prelims

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