When the Chief Justice steps away, Pg8

Key Highlights:

• CJI Surya Kant recused himself from hearing petitions challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 on March 20.
• The 2023 Act replaced the CJI with a Union Minister on the selection panel for Election Commissioners.
• This is the second recusal in the case, with CJI Sanjiv Khanna having recused himself earlier in 2024.
• The case is scheduled to be listed on April 7 before a bench excluding judges in the line of succession to the office of the CJI.

Detailed Insights:

• The recusal is based on the principle of nemo judex in causa sua, meaning no one shall be a judge in their own cause, aiming to prevent bias.
• The Supreme Court has evolved from strict disqualification for pecuniary interest to a standard of real likelihood of bias, or a reasonable apprehension of bias.
• The decision to recuse rests on the judge's conscience, without any statute in India codifying the standard, unlike in the United States.
• In the NJAC case (2015), Justice Khehar refused recusal, invoking the doctrine of necessity, stating that the conflict would apply to every judge on the bench.
• Justice Kurian Joseph added that a judge choosing to recuse bears a constitutional duty of transparency, indicating reasons for withdrawal.
• The CJI's direction to exclude judges in line to become Chief Justice from the replacement bench raises concerns about pre-assigning conflicts of interest.
• The absence of a statute governing judicial recusal, a binding code of conduct, and a review mechanism underscores the urgency for clear rules.

Key Concepts Involved:

• Recusal: The act of abstaining from participating in an official action such as a legal proceeding due to a conflict of interest.
• Doctrine of Necessity: Allows a decision-maker to act in a case where they would otherwise be disqualified, if no one else can act.
• Master of the Roster: The authority to assign cases to different judges or benches, typically held by the Chief Justice.