Aparna Lucknow, India 601 Questions 0 Answers 0 Best Answers 678 Points View Profile Aparna Asked: October 31, 20212021-10-31T16:09:52+05:30 2021-10-31T16:09:52+05:30In: Polity Describe Recusal in Judiciary? Describe Recusal in Judiciary? current affairslegislaturepolity Share Facebook 1 Answer Recent 0 Questions 518 Answers 176 Best Answers 0 Points View Profile [Deleted User] 2021-10-31T16:18:56+05:30Added an answer on October 31, 2021 at 4:18 pm Context: Two Supreme Court judges hailing from Kolkata withdrew themselves from two politically sensitive cases involving the state government. The Doctrine of Recusal: The Concept of Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest. It is a basic precept that no one should be a judge in his or her own case. Courts must keep the promise of dispensing fair and impartial justice and must decide controversies without bias. Can bring the decision to recuse The decision to recuse generally comes from the judge herself. However, in some circumstances, lawyers or even parties involved in the case bring it up before the judge. In case, if a judge recuses, the case is listed before the Chief Justice for allotment to a fresh Bench. It is to be noted that there are no formal rules governing recusals. Recusal in India Absence of the statute: In India, there is no statute laying down the minimum procedure which judges must follow in order to ensure impartiality. However, courts have always insisted that judges and other adjudicatory authorities must ensure that they have to ensure principles of impartiality. Inspired From Natural Justice The principles of Natural Justice have developed with the growth of civilization and the content thereof is often considered as a proper measure of the level of civilization and Rule of Law prevailing in the community. It implies fairness, reasonableness, equity, and equality. Constitutional ethos: Though the Indian constitution does not use the expression of recusal, the concept divested of all its metaphysical and theological trappings pervades the whole scheme of the Constitution. The duty to act fairly and impartially is ingrained in Articles 14 and 21 of the constitution. Indian courts have nourished these values with reference to administrative decision-making and emphasized the test of ‘real likelihood of bias. 0 Reply Share Share Share on Facebook Share on Twitter Share on WhatsApp Leave an answerCancel replyYou must login or register to add a new answer. Related Questions What is Pathalgadi? What is Bodo Accord?
Two Supreme Court judges hailing from Kolkata withdrew themselves from two politically sensitive cases involving the state government.
The Doctrine of Recusal: The Concept
Can bring the decision to recuse
Recusal in India
Absence of the statute:
Inspired From Natural Justice