“Recusals And Justice”, 12 October 2019
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 12 October 2019
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
This article explores the "ethics of recusal" when a judge withdraws from a case due to a potential conflict of interest. Baxi argues that "justice must not only be done but must be seen to be done." He critiques "frivolous" demands for recusal intended to "bench-hunt" or delay trials. However, he emphasizes that a judge’s refusal to recuse in the face of a genuine conflict can lead to a "perception of bias" that damages judicial credibility. The synopsis highlights Baxi’s call for "transparent recusal" where judges provide brief reasons for their decision to stay on or stand down. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository