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Recusal of Judges

  • Published
    15th Jan, 2022

Recusal of Judges

  • Since there are no formal rules governing the process, it is often left to individual judges to record reasons for recusal. Some judges disclose the reasons in open court; in some cases, the reasons are apparent.
  • The decision to recuse generally comes from the judge herself as it rests on the conscience and discretion of the judge to disclose any potential conflict of interest.
  • In some circumstances, lawyers or parties in the case bring it up before the judge. If a judge recuses, the case is listed before the Chief Justice for allotment to a fresh Bench.
  • When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that she carried a bias while deciding the case.
  • The conflict of interest can be in many ways — from holding shares in a company that is a litigant to having a prior or personal association with a party involved in the case.
  • Another instance for recusal is when an appeal is filed in the Supreme Court against a judgement of a High Court that may have been delivered by the SC judge when she was in the HC.
  • The practice stems from the cardinal principle of due process of law that nobody can be a judge in her own case.

Fairness and impartiality are the fundamental qualities to be possessed by a judge in India. Comment. (150 words)

Approach

  • Introduction- role of judiciary in ensuring justice
  • Fundamental qualities in judges
  • Recusal of judges
  • Conclusion
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