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Judicial Disqualification Of Judges

Recusal Or Judicial Disqualification Of Judges:

Chief Justice of India (CJI) N.V. Ramana has recused himself from hearing a petition filed by Andhra Pradesh accusing Telangana of depriving its people of their legitimate share of water for drinking and irrigation.

  • The Chief Justice said he recused from hearing because he hailed from both Andhra Pradesh and Telangana.
  • Andhra Pradesh has accused Telangana of refusing to follow the decisions taken on river water management in the Apex Council constituted under the Andhra Pradesh Reorganization Act of 2014.
  • It said its neighbour also ignored the directions of the Krishna River Management Board (KRMB), constituted under the 2014 Act and directions of the Centre.

Judicial Disqualification or Recusal:

  • Judicial disqualification, referred to as recusal, 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.

Grounds for Recusal:

  • The judge is biased in favour of one party, or against another, or that a reasonable objective observer would think he might be.
  • Interest in the subject matter, or relationship with someone who is interested in it.
  • Background or experience, such as the judge’s prior work as a lawyer.
  • Personal knowledge about the parties or the facts of the case.
  • Ex parte communications with lawyers or non-lawyers.
    Rulings, comments or conduct.

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