Judicial Recusal

On 10th May, 2023, the Supreme Court of India rejected a plea by a former Indian Police Service (IPS) officer seeking recusal of Justice Shah from hearing the matter against his conviction in a 1990 custodial death case.

  • Recusal is the act of a Judge or policymaker stepping aside from a case due to a conflict of interest.
  • It upholds the Principle of Natural Justice mentioned implicitly in Article 21.
  • In Advocates-on-Record Association vs. Union of India (2015), the SC ruled that if a judge has a financial interest, no further inquiry into the 'real danger' or 'reasonable suspicion' of bias is needed.
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