Recusal of Judges - The Hindu - 17/12/22
Recently, a Supreme Court (SC) judge recused herself from hearing a writ petition filed by Bilkis Bano against a Gujarat government decision to prematurely release 11 men sentenced to life imprisonment for gang-raping her during the 2002 riots.
-It is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.
- Rule for Recusal: There are no formal rules governing recusals, although several SC judgments have dealt with the issue.
->Reason for Recusal:
-When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that he carried a bias while deciding the case.
- The practice stems from the cardinal principle of due process of law that nobody can be a judge in her own case.
-->Process of Recusal:
-The decision to recuse generally comes from the judge himself 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. Once a request is made for recusal, the decision to recuse or not rests with the judge.
->Concerns related to Recusal:
-Undermining Judicial Independence
-Delays the Process
For any queries, monthly magazines, reviews, please contact on [email protected]