By Admin 
Courts not only deliver verdicts, but also create confidence in the minds of people about justice. An ordinary citizen goes to the court because he has faith that the judge will look at his case without any bias or prejudice and he will get justice. India’s justice system rests on this trust. Therefore, sometimes judges recuse themselves from hearing a particular case, so that the message is not sent that there may be any personal bias in the decision.
In the last few years, it happened many times that some judges of the Supreme Court or High Court recused themselves from a case. Sometimes reasons are given, sometimes not, but the question arises that how can a judge recuse himself from a case and what difference does it make to his career?
How can a judge recuse himself from a case?
This is called Recusal in English i.e. withdrawing oneself from the hearing of a case. The main reason for this is conflict of interest. Meaning, any relationship, background or association that people feel could influence the judge’s decision. As if the judge is from the same state where the case is related to. There may be a past acquaintance or professional relationship with any party, the judge may have previously been an advocate in the same case, the judge may have shares or interests in any organization related to that case.
Does the judge have to give reasons?
There is no fixed rule that the judge has to be told why he is stepping aside. Sometimes the judge himself gives the reason, sometimes he silently withdraws without giving any reason, it completely depends on the judge. However, there are some ethical guidelines. For example, if a judge has shares in a company, he cannot hear cases of the same company. Apart from this, if the judge has previously been a lawyer in a case, then he should withdraw from that case.
What happens to the case if the judge withdraws?
The case is given to another judge or a new bench. Who to give is decided by the Chief Justice in the High Court and the CJI in the Supreme Court. Sometimes a judge is changed and sometimes the entire bench is changed. Whereas the judge recusing from the case is a normal process. This is considered sensible and moral. Many times this step increases the credibility of the judiciary. It is clear from this that for the purpose of justice, a judge’s withdrawal from a particular hearing or case does not affect his career in any way.
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