Unnecessary Mystery: Judges recusing from cases without specifying reasons hurts the entire judiciary. SC must frame rules

Source: The post is based on the article “Unnecessary Mystery
Judges recusing from cases without specifying reasons hurts the entire judiciary. SC must frame rules” published in The Times of India on 14^th November 2022.

Syllabus: GS – 2 – Structure, organization and functioning of the Executive and the Judiciary.

Relevance: About the recusal of judges.

News: Many times Supreme Court or high court judges recuse themselves from cases. Recently, a judge recused from hearing Bilkis Bano’s challenge against the premature release of 11 murder-gangrape convicts.

What is the recusal of judges?

Recusal is the removal of oneself as a judge or policymaker in a particular matter. Ordinarily judges recuse over conflict of interest.  However, often judges don’t give reasons for recusal.

What are the concerns associated with the recusal of judges?

a) Judges recusing from cases without specifying reasons hurts the entire judiciary, b) The frequency of recusal pleas are also growing recently. For instance, rarely a month passes without a judge recusing in Bombay HC.

What should be done to reduce recusal of judges?

-A judicial order would make recusal legally contestable at a higher forum but “procedural and substantive rules” were needed.

-Judges should state their reasons for recusal from the cases. Every judge would have to comply to this.

If these changes are implemented, the entire judicial system would greatly benefit from the resultant transparency.