[DEC] Recusal of Judges

Question 1

What is Judicial Disqualification or Recusal?

Answer 1

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.

Question 2

Grounds of recusal?

Answer 2

• 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.

Question 3

Law in this regards?

Answer 3

No

Question 4

SC Stand?

Answer 4

Justice J. Chelameswar in his opinion in Supreme Court Advocates-on-Record Association v. Union of India (2015) held that “Where a judge has a pecuniary interest, no further inquiry as to whether there was a ‘real danger’ or ‘reasonable suspicion’ of bias is required to be undertaken”