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Consider the following statements regarding Recusal of Judges.
1. Recusal of Judges implies that, when there is a conflict of interest, a judge can withdraw from hearing a case.
2. The practice comes from the principle that nobody can be a judge in her own case.
3. The Constitution provides the rules governing recusals.
Which of the above statements is/are correct?
  • a)
    1 only
  • b)
    1, 2
  • c)
    1, 3
  • d)
    1, 2, 3
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements regarding Recusal of Judges.1. Recus...
Recently two Supreme Court judges have recused themselves from hearing cases relating to West Bengal.
Why does a judge recuse?
When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that she carried a bias while deciding the case.
The practice stems from the cardinal principle of due process of law that nobody can be a judge in her own case.
The decision to recuse generally comes from the judge herself as it rests on the conscience and discretion of the judge to disclose any potential conflict of interest. In some circumstances, lawyers or parties in the case bring it up before the judge. If a judge recuses, the case is listed before the Chief Justice for allotment to a fresh Bench.
There are no formal rules governing recusals, although several Supreme Court judgments have dealt with the issue.
Since there are no formal rules governing the process, it is often left to individual judges to record reasons for recusal. Some judges disclose the reasons in open court; in some cases, the reasons are apparent.
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Consider the following statements regarding Recusal of Judges.1. Recus...
Recusal of Judges

Statement 1: Recusal of Judges implies that, when there is a conflict of interest, a judge can withdraw from hearing a case.

Explanation: The first statement is correct. Recusal of judges refers to the process where a judge voluntarily withdraws from hearing a case due to a potential conflict of interest. This conflict of interest can arise due to various reasons such as personal relationships, financial interests, or any other biases that may affect the judge's impartiality in deciding the case. The purpose of recusal is to ensure fairness and maintain public confidence in the judiciary.

Statement 2: The practice comes from the principle that nobody can be a judge in her own case.

Explanation: The second statement is correct. The practice of recusal is based on the fundamental principle that nobody can be a judge in their own case. This principle is rooted in the principles of natural justice and fairness. It ensures that a judge who may have a personal interest or bias in a case does not preside over it. By recusing themselves, judges uphold the integrity and independence of the judiciary.

Statement 3: The Constitution provides the rules governing recusals.

Explanation: The third statement is incorrect. While the Constitution may provide the overarching framework for the functioning of the judiciary, the specific rules governing recusals are typically provided by statutes, court rules, or codes of conduct for judges. These rules vary across jurisdictions and are often developed to maintain the impartiality and integrity of the judicial process.

Conclusion: In conclusion, statement 1 and statement 2 are correct. Recusal of judges allows them to withdraw from hearing a case in the event of a conflict of interest, and this practice is based on the principle that nobody can be a judge in their own case. However, statement 3 is incorrect as the Constitution does not provide the specific rules governing recusals. Therefore, the correct answer is option B.
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Consider the following statements regarding Recusal of Judges.1. Recusal of Judges implies that, when there is a conflict of interest, a judge can withdraw from hearing a case.2. The practice comes from the principle that nobody can be a judge in her own case.3. The Constitution provides the rules governing recusals.Which of the above statements is/are correct?a)1 onlyb)1, 2c)1, 3d)1, 2, 3Correct answer is option 'B'. Can you explain this answer?
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