Recently, a trend has come up where Judges have been choosing not to hear some cases. In light of this, critically examine the phenomenon of Judicial Recusal.

Answer: Judicial Recusal is the 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. Recently, Justice Arun Mishra was forced to recuse from sitting on a larger bench in a case where he has already given the judgment.

Conditions for Recusal

  • According NJAC judgment, a judge may be required to step down in case of apparent bias or having pecuniary interest in outcome of case.
  • Ex parte communications with lawyers or non-lawyers.
  • Personal knowledge about the parties or the facts of ....

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