+91 95600-82909 info@theiashub.com
    •     Daily Highlights (2 min series)     RECUSAL OF JUDGES (Syllabus: GS Paper 2 - Polity)

    RECUSAL OF JUDGES (Syllabus: GS Paper 2 - Polity)

    THEIASHUB
    Get an Instant Call Back from Our Expert Mentors Now!
    +91

    Context: Supreme Court judge withdrew from hearing a petition for bail filed by former Jawaharlal Nehru University student leader in an Unlawful Activities (Prevention) Act (UAPA) case linked to the February 2020 Delhi riots case.

    • The lead judge on the Division Bench referred the case back to the Chief Justice of India for listing it before another Bench of the Supreme Court on August 17.

    Recusal of Judges

    • About: Recusal, referred to as Judicial disqualification, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.
      • Based on Principle of natural Justice: The genesis of the concept of recusal of judges can be traced from the principle that implies fairness, reasonableness, equity and equality i.e., Natural Justice. 
        • According to this principle, the judge must not have any interest in the subject-matter of the case.
      • Reasons: When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that she carried a bias while deciding the case. 
        • The conflict of interest can be in many ways - from holding shares in a company that is a litigant to having a prior or personal association with a party involved in the case.
        • Another instance for recusal is when an appeal is filed in the Supreme Court against a judgement of a High Court that may have been delivered by the SC judge when she was in the HC.
      • Process for recusal: There are no formal rules governing recusals, although several Supreme Court judgments have dealt with the issue.
        • The decision to recuse generally comes from the judge herself as it rests on the conscience and discretion of the judge to disclose any potential conflict of interest. 
        • In some circumstances, lawyers or parties in the case bring it up before the judge. 
        • If a judge recuses, the case is listed before the Chief Justice for allotment to a fresh Bench.
      • Record of reasons for recusal: Since there are no formal rules governing the process, it is often left to individual judges to record reasons for recusal. 
        • Some judges disclose the reasons in open court; in some cases, the reasons are apparent.
    • Limitations: Once a request is made for recusal, the decision to recuse or not rests with the judge. 
    • While there are some instances where judges have recused even if they do not see a conflict but only because such an apprehension was cast, there have also been several cases where judges have refused to withdraw from a case.

    SC’s View

    • Ranjit Thakur v Union of India (1987): The SC held that the test of the likelihood of bias is the reasonableness of the apprehension in the mind of the party. 
      • The judge needs to look at the mind of the party before him, and decide that he is biased or not.
    • Supreme Court Advocates-on-Record Association v. Union of India (2015): Justice J. Chelameswar in his opinion in this case held that “Where a judge has a pecuniary interest, no further inquiry as to whether there was a ‘real danger’ or ‘reasonable suspicion’ of bias is required to be undertaken”.
    Mains Mentorship Program Mains Mentorship Program
    UPSC QEP 2026 Batch 5 - English
    UPSC QEP 2026 Batch 5 - English
    Buy now View Details
    Submit Your Details to Learn More
    I agree to give my consent to receive updates through SMS/Email & WhatsApp*.
    Quality Enrichment Program 2025/26 Quality Enrichment Program 2025/26
    NEEV GS + CSAT Foundation 2026/27
    NEEV GS + CSAT Foundation 2026/27
    Buy now View Details
    Quality Enrichment Program 2025/26 Quality Enrichment Program 2025/26
    Our Popular Courses
    GS + CSAT Found. Batch 2026 (Hindi) GS + CSAT Found. Batch 2026 (Hindi)

    Join theIAShub’s Mains Answer Writing Program

    Refine your answer writing skills and elevate your UPSC preparation with personalized support and expert feedback.

    Fill out the form to get started with the program or any other enquiries !

    I agree to give my consent to receive updates through SMS/Email & WhatsApp*.

    Our Popular Courses

    Show all  

    Best IAS Coaching In Delhi, UPSC Online & Offline Classes by IAShub

    Are you dreaming of becoming an IAS officer? Then, IAShub can be your best guide. It is one of the Best IAS Coaching in Delhi. Many students who want to clear the UPSC exam join IAShub for learning. The institute gives both online and offline classes. Their teachers are experienced and helpful. They easily explain every topic. Students also get notes, tests, and tips to do well in the exam.

    UPSC Online Classes by IAShub

    IAShub is in Delhi and is trusted by many UPSC students. It offers coaching for every part of the UPSC exam – Prelims, Mains, and Interview. The classes are simple and easy to understand. The teachers are experts and guide students in the right way. IAShub is also known for its helpful notes, test series, and answer-writing practice. IAShub is the best coaching in Delhi and also gives UPSC Online Classes. This helps students from any place in India to learn. The online classes are live and also recorded. So, students can watch them anytime. These classes cover the full UPSC syllabus.

    Key Offerings Provided by IAShub

    Here are some important services provided by IAShub:

    • UPSC Prelims: IAShub teaches for Prelims with a focus on basics. It also gives daily current affairs and monthly magazines.
    • Classroom Courses: IAShub has classroom learning for students in Delhi. The environment is good and peaceful for study.
    • Live Classes: Students who live far can join live UPSC online classes. These classes are just like real classes.
    • QEP for Mains: The Quality Enrichment Program (QEP) is special for Mains preparation. It helps students write better and faster.
    • Answer Writing: Regular answer writing practice is given. Teachers also check answers and give tips to improve.
    • Free Resource: IAShub gives free notes by toppers and helpful Main Booster material.
    • Test Series: Test series are available for every subject. These help students know their weak points and improve.
    • Interview Guidance Session: IAShub also gives interview practice sessions with experts. These help students feel confident.

    UPSC Exam Overview

    The UPSC Civil Services Exam has three parts:

    • Prelims: It has two papers: General Studies and CSAT.
    • Mains: It has nine papers, including essays and optional subjects.
    • Interview: It tests the personality and confidence of the student.

    This exam is tough, but with the right guidance, it becomes easy to manage. Students must study smart and stay regular.

    How IAShub Helps in the UPSC Journey

    IAShub supports students from the beginning to the end. It gives the right books, tests, and notes. The classes are easy to follow, and the teachers are always ready to help. Students get personal doubt sessions too. The test series and answer checking help students learn where they need to do better. Also, free study materials save time and money.
    IAShub also guides students during the final stage – the interview. Experts take mock interviews and give useful tips. This full support makes IAShub one of the best IAS coaching in Delhi.

    Best IAS Coaching In Delhi FAQs

    Yes, IAShub offers live and recorded online classes. Students can attend from any part of India.

    Classes are available in both English and Hindi, so students can choose the language they are comfortable with.

    The classroom centre is located in Delhi. Students can visit and join offline batches there.

    IAShub gives interview guidance sessions to help students prepare for the final round of UPSC.