Why in the News?
A Madhya Pradesh High Court judge has recused himself from hearing a petition in an alleged illegal mining case, saying that a MLA had “attempted to call him” to have a discussion regarding the matter.
About Recusal:
- Overview: Recusal is the act of a judge or official abstaining from a case due to conflict of interest or a possible perception of bias.
- Legal Basis:
- There are no codified laws, but multiple Supreme Court rulings provide guiding principles.
- In Ranjit Thakur v. Union of India (1987), SC held that the test of bias is the reasonableness of the apprehension in the mind of the affected party.
- Grounds for Recusal:
- Prior personal/professional association with a party.
- Having appeared for a party in the case earlier.
- Ex parte communications with parties involved.
- Cases where a judge may be reviewing his own earlier judgment (e.g., SC appeals against HC orders delivered by the same judge earlier).
- Financial or personal interests (e.g., shareholding in a company party to the case).
- Underlying Principle: Rooted in the maxim “nemo judex in causa sua” — no one should be a judge in their own cause.
Process of Recusal:
- Judge’s Discretion:
- Decision usually rests with the judge’s conscience and discretion.
- Judges may orally inform the parties, record it in the order, or sometimes recuse silently without explanation.
- On Request:
- Lawyers or parties may request recusal; final decision still rests with the judge.
- Some judges have recused even without conflict, merely to avoid doubt. Others refuse if no genuine bias exists.
- Procedure: Once recusal is declared, the case is placed before the Chief Justice for reassignment to another Bench.
Concerns Related to Recusal:
- Judicial Independence at Risk: Can be misused by litigants to bench hunt (cherry-pick a judge), undermining judicial impartiality.
- Lack of Uniform Standards: Absence of formal rules might lead to inconsistent approaches by different judges.
- Potential for Abuse:
- Requests for recusal may be used to delay proceedings, intimidate judges, or obstruct justice.
- This undermines both the integrity of courts and timely justice delivery.
| [UPSC 2019] With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
Options: (a) The decisions taken by the. Election Commission of India while discharging its duties cannot be challenged in any court of law. (b) The Supreme Court of India is not constrained in the exercise of its powers by the laws made by Parliament. (c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet. (d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature. |
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