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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

United States: Recusal in the U.S. is governed by Title 28 of the U.S. Code and the American Bar Association’s Model Code, with grounds including financial interest, prior involvement in the case, or a relationship with a party, and judges can also recuse themselves voluntarily (sua sponte).
United Kingdom: In the UK, judicial recusal is guided by the ‘real danger’ test (R v. Gough) based on evidence of bias, later modified to focus on the appearance of bias from the perspective of a fair-minded observer (Lawal v. Northern Spirit Ltd).

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GS Analyst: Daily Current Affairs

19th November 2024 (10 Topics)

Copy

Recusal of Judge

What is Recusal?

Recusal in Foreign Jurisdictions

Still Have Questions?

GS Analyst: Daily Current Affairs

Recusal of Judge

What is Recusal?

Recusal in Foreign Jurisdictions

Still Have Questions?

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