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2025-09-10
A doctrine in balance at its core, the law on recusal in India remains a judge-made doctrine fluid, context-specific, and deeply rooted in constitutional morality.

“Recusal is not about comfort - it is about institutional integrity,” said Anushkaa Arora, founder of ABA Law Office, noting that ideological disagreements or prior adverse observations do not ordinarily justify withdrawal.
This caution stems from a growing concern over “bench hunting”, a practice where litigants seek to disqualify judges to secure a more favourable forum. The Supreme Court has repeatedly warned that recusal cannot become a litigation strategy to subvert roster discipline.

A doctrine in balance At its core, the law on recusal in India remains a judge-made doctrine fluid, context-specific, and deeply rooted in constitutional morality. It seeks to reconcile two competing imperatives: ensuring that justice is not only done but seen to be done, while preventing litigants from manipulating the system.
“The balance is delicate fairness versus judicial duty,” Arora said

Read the full article on: Business Standard

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