Recusal Of Judges:
Two Supreme Court (SC) judges have recused themselves from hearing cases relating to West Bengal.
- 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.
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 conflict of interest can be in many ways such as:
- Having a prior or personal association with a party involved in the case.
- Appeared for one of the parties involved in a case.
- Ex parte communications with lawyers or non-lawyers.
- An appeal is filed in the SC against a judgement of a High Court (HC) that may have been delivered by the SC judge when he was in the HC.
- In a matter of a company in which he holds shares unless he has disclosed his interest and there is no objection to it.
- The practice stems from the cardinal principle of due process of law that nobody can be a judge in her own case.
- Any interest or conflict of interest would be a ground to withdraw from a case since a judge has a duty to act fair.