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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The US Supreme Court on Friday (June 27, 2025) has given a major victory to the President by curbing the power of federal judges to prevent the executive actions of Donald Trump.

With a 6-3 decision regarding Trump’s attempt to end congenital citizenship, the court said that the nationwide prohibition issued by the judges of the District Court is more than the just rights given by the Congress to the federal courts.

According to the AFP report, the US Supreme Court did not immediately pronounce the decision on the constitutionality of Trump’s executive order seeking abolition of citizenship for children born on American soil, but in the realm of judicial matters, the decision will remove a major obstruction for Trump’s often highly controversial orders and will increase the power of the White House further.

What did Justice Amy Kony Barrett say?
Justice Amy Koni Barrett said that the federal courts do not normalize the executive branch, but they resolve matters and disputes according to the rights given to them by the Congress. He said that when a court concludes that the executive branch has worked illegally, it does not mean to encroach its power for the court.

Three other judges disagreed with this decision. This decision will have far -reaching consequences for the judiciary’s ability to rein in Trump or future American presidents. The case was clearly about the executive order signed by Trump on the first day of his term, in which the birthright was abolished.

Trump’s order is considered unconstitutional by the courts of three states
Trump’s birth -based citizenship order has been considered unconstitutional by Maryland, Massachusetts and Washington State Courts, due to which the President has made an emergency appeal in the Supreme Court to cancel the nationwide prohibition.

The issue has become a slogan of the rally for Trump and his Republic associates, who accuse the judiciary of disrupting their agenda against the wishes of the voters. During the debate before the Supreme Court in May, both conservative and liberal judges had expressed concern about the increasing use of nationwide prohibitory orders on behalf of the District Courts in recent years.

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