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Recusal of Judge
Context
Chief Justice of India (CJI) Sanjiv Khanna recused himself from hearing a petition alleging contempt against Delhi lieutenant governor (L-G) VK Saxena in his capacity as the chairperson of the Delhi Development Authority (DDA), citing a past association with him during a visit to Bihar jails. The contempt case relates to illegal tree felling in Delhi’s Ridge area.
What is Recusal?
- Recusal refers to the voluntary withdrawal of a judge from hearing a case due to a potential conflict of interest or bias.
- It ensures impartiality and maintains the integrity of the judicial process by preventing any perception of bias.
- A judge may recuse themselves if there is a personal or financial connection to a party involved in the case, or if they have previously been involved in the case in a different capacity (e.g., having delivered a judgment as a High Court judge before being elevated to the Supreme Court).
- The practice is guided by the principles of "nemo judex in sua causa" (no person should be a judge in their own case) and "justice must not only be done but must also be seen to be done."
- Process for Recusal: There are two types of recusals:
- Automatic Recusal: This occurs when a judge voluntarily decides to withdraw from a case without any request from the parties involved, typically due to an identified conflict of interest or bias.
- Recusal Based on a Plea: In this scenario, a party to the case raises a plea for recusal, suggesting that the judge has a potential conflict of interest or personal bias that may affect their impartiality.
- The decision to recuse rests solely with the conscience and discretion of the judge. No party can compel a judge to withdraw from a case.
- There are no statutory rules governing the process.
Recusal in Foreign Jurisdictions
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