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Passage - 3
One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:
"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.
A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:
"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."
Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.
The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.
Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in one's oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.
Q. Which of the following is the main point of the author in the given passage?
  • a)
    Constitutional Oath of a Judge can be enforced if it is violated.
  • b)
    Non-recusal of a judge from a case points toward undermining of judicial independence.
  • c)
    Independence of Judiciary is a basic feature of the Constitution.
  • d)
    Recusal is consistent with the judicial ethics and Constitutional Norms.
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
Passage - 3One of the reasons for recusal of a Judge is that litigants...
Assumption of the passage is centered around the commission and omission of Recusal and Nonrecusal. Option (a) and (c) are completely inconsistent with the given passage. Option (b) is unsuitable to choose because the effect of nonrecusal can't be inferred from any statements provided in the passage. Only appropriate answer is Option (d).
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Most Upvoted Answer
Passage - 3One of the reasons for recusal of a Judge is that litigants...
Main Point of the Author
The primary focus of the author in the passage is the importance of recusal for judges in maintaining judicial ethics and adhering to constitutional norms. The author emphasizes that a judge must act transparently and accountably to uphold the integrity of the judicial system.
Key Reasons Supporting Option D
- Impartiality and Public Confidence: The passage highlights that a judge's recusal is essential when there is a reasonable apprehension of bias or a conflict of interest. This ensures that justice is not only done but also seen to be done, reinforcing public trust.
- Judicial Ethics: The author points out that judges should recuse themselves to avoid situations that could compromise their impartiality. This aligns with ethical standards expected of judges, showcasing the commitment to fairness.
- Constitutional Responsibility: The oath taken by judges mandates them to perform their duties without fear or favor. By opting for recusal when necessary, judges fulfill this constitutional obligation, maintaining the integrity of the judiciary.
- Transparency in Recusal: The author argues for judges to indicate reasons for their recusal, which prevents misunderstandings and further underscores the importance of accountability in the judiciary.
In summary, recusal is not just a procedural step but is deeply rooted in the principles of judicial ethics and constitutional norms, making option 'D' the correct answer.
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One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done."And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"… I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in one's oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?

Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q.If a Judge recused from hearing the review petition of four death row convicts in the gang rape-murder case after finding the name of his/her nephew, in the orders of the review petitions. Is the recusal consistent with the essence of recusal provided in the passage?

Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q.Suppose a situation arises where a recusal by a Judge is used as a means to allow a party to choose its own bench, will it be axiomatic from the passage that such a recusal is proper, morally or/and constitutionally?

One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done."And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"… I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in one's oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. If a Judge recused from hearing the review petition of four death row convicts in the gang rape-murder case after finding the name of his/her nephew, in the orders of the review petitions. Is the recusal consistent with the essence of recusal provided in the passage?

Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q.As per the passage if right-minded persons entertain a feeling that there is any likelihood of bias on the part of the Judge, he must recuse. Does the passage also mentions about the recourse to be taken if there is mere possibility of such a feeling is

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Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?a)Constitutional Oath of a Judge can be enforced if it is violated.b)Non-recusal of a judge from a case points toward undermining of judicial independence.c)Independence of Judiciary is a basic feature of the Constitution.d)Recusal is consistent with the judicial ethics and Constitutional Norms.Correct answer is option 'D'. Can you explain this answer?
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Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?a)Constitutional Oath of a Judge can be enforced if it is violated.b)Non-recusal of a judge from a case points toward undermining of judicial independence.c)Independence of Judiciary is a basic feature of the Constitution.d)Recusal is consistent with the judicial ethics and Constitutional Norms.Correct answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?a)Constitutional Oath of a Judge can be enforced if it is violated.b)Non-recusal of a judge from a case points toward undermining of judicial independence.c)Independence of Judiciary is a basic feature of the Constitution.d)Recusal is consistent with the judicial ethics and Constitutional Norms.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?a)Constitutional Oath of a Judge can be enforced if it is violated.b)Non-recusal of a judge from a case points toward undermining of judicial independence.c)Independence of Judiciary is a basic feature of the Constitution.d)Recusal is consistent with the judicial ethics and Constitutional Norms.Correct answer is option 'D'. Can you explain this answer?.
Solutions for Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?a)Constitutional Oath of a Judge can be enforced if it is violated.b)Non-recusal of a judge from a case points toward undermining of judicial independence.c)Independence of Judiciary is a basic feature of the Constitution.d)Recusal is consistent with the judicial ethics and Constitutional Norms.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?a)Constitutional Oath of a Judge can be enforced if it is violated.b)Non-recusal of a judge from a case points toward undermining of judicial independence.c)Independence of Judiciary is a basic feature of the Constitution.d)Recusal is consistent with the judicial ethics and Constitutional Norms.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?a)Constitutional Oath of a Judge can be enforced if it is violated.b)Non-recusal of a judge from a case points toward undermining of judicial independence.c)Independence of Judiciary is a basic feature of the Constitution.d)Recusal is consistent with the judicial ethics and Constitutional Norms.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?a)Constitutional Oath of a Judge can be enforced if it is violated.b)Non-recusal of a judge from a case points toward undermining of judicial independence.c)Independence of Judiciary is a basic feature of the Constitution.d)Recusal is consistent with the judicial ethics and Constitutional Norms.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?a)Constitutional Oath of a Judge can be enforced if it is violated.b)Non-recusal of a judge from a case points toward undermining of judicial independence.c)Independence of Judiciary is a basic feature of the Constitution.d)Recusal is consistent with the judicial ethics and Constitutional Norms.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Passage - 3One of the reasons for recusal of a Judge is that litigants/ the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said:"It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, the Judge recuses from hearing the case.A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that:"... I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive.The simple question is, whether the adjudication by the Judge concerned, would cause a reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding.Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in ones oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.Q. Which of the following is the main point of the author in the given passage?a)Constitutional Oath of a Judge can be enforced if it is violated.b)Non-recusal of a judge from a case points toward undermining of judicial independence.c)Independence of Judiciary is a basic feature of the Constitution.d)Recusal is consistent with the judicial ethics and Constitutional Norms.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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