Preconceived Notion Of Bias Is Not A Good Sign For The Growth Of Administrative Law In India: Recusal Of Judges
Himanshi Agarwal, B.A.LL.B, Maharashtra National Law University, Mumbai
ABSTRACT
This research is performed with an aim to address the instances where refusal of judges from certain cases formed an essential basis to impart justice in the case at hand. Recusal is a system or method of removing oneself from the position of having the authoritative power in that particular scenario because of having preconceived notion or bias or personal interest or gain in that case. The author in this study begins with establishing a comparative study of the way in which recusal takes place in three different jurisdictions, i.e., USA, England and India. Furthermore, as we know India does not have a defined statutory provision or legislation which states the way in which judges can recuse or disqualify themselves from a case due to personal interest. In order to earn light upon the recusal system in India, the author of this paper has studied different contemporary and recent situations where recusal has played an important role. A thorough read of this paper, will enlighten readers on the scope of recusal in different judicial system along with an understanding of our own judicial system, which is India. It will also help readers to know about the recent judgements or political situations where in recusal may or may not have place.
