Recusal of Supreme Court judge in Surendra Gadling bail plea
While judicial recusal and judicial ethics are important concepts in GS2 and GS4, a specific routine recusal in a bail plea offers limited direct value for UPSC Mains.
Notes
Supreme Court judge Justice Shree Chandrashekhar recused himself from hearing the bail plea of activist Surendra Gadling in the 2016 Surjagarh iron ore mine arson case.
This marks the third recusal by a Supreme Court judge in connection with the matter within a period of one year.
No explicit reasons were assigned by the judge for opting out of hearing the petition.
The petition was originally listed before a Bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar before being directed to be placed before another Bench.
Questions
The practice of judicial recusal is vital to upholding the principle that justice must not only be done, but must manifestly be seen to be done. Discuss the ethical considerations, constitutional principles, and procedural issues surrounding judicial recusals in India.250 words
Prelims
With reference to the mechanism of judicial recusal in India, which of the following statements is correct?
There is currently no specific codified law or statutory rule governing judicial recusal in India.
Judges of the Supreme Court are constitutionally mandated to issue a reasoned order when recusals take place.
The decision to recuse is exclusively taken by the Chief Justice of India rather than the individual judge.
Judicial recusal is applicable only in civil matters and cannot be invoked in criminal cases.