Recusal of Judges
Why in news : Recently, a judge of the Supreme Court recused herself from hearing a writ petition.
The writ petition is filed by Bilkis Bano against the Gujarat Government decision to premature release of convicts.
What is meant by Recusal :
- Recusal generally means “removal of oneself from any official position in a very particular matter especially if there involves any conflict of interest.”
- The doctrine of judicial recusal enables a judge who has been appointed to hear a case to leave the case from hearing the case.
Reasons for the Recusal :
- Conflict of Interest
- If the judge was associated to the case previously
- Family and friends involving in the case
Principle behind the Recusal and constitutional mandate :
- The Third Schedule of the Indian Constitution provides for the oath of judges.
- The oath highlights that a judge will “… perform the duties of my office without fear or favour, affection or ill-will”. Based on this oath the principle of recusal is derived.
Who can ask the judge to recuse from the case?
- Generally, it’s the judge who recuses himself from the case.
- Sometimes the lawyers or parties to the case also ask judge to recuse from the case.
- However, it depends on the judge whether to recuse from the case or not.
- The judge may or may not give his oral reasons why he is recusing from the case.
- He will mention the reasons in order for his recusal.
- Once the judge is recused from the case, then the case is listed before the Chief Justice for fresh bench.
Background about Bilkis Bano case :
- The victim was raped and her family members were murdered in 2002.
- The convicts were given life imprisonment.
- However, recently the Gujarat government has allowed to release them by using the Gujarat Remission policy 1992.
- In her recent review petition, she said that the early release of the convict violates her right to life and personal liberty.
- She also argued that while deciding the merit of the case for remission, the Maharashtra remission policy should have been followed not Gujarat remission policy.
- It is because the trials were conducted in Maharashtra not in Gujarat.
Syllabus : Prelims + Mains; GS2 – Indian Polity; Judiciary
