Advertisement Remove all ads

As per the Passage If Right-minded Persons Entertain a Feeling that There is Any Likelihood of Bias on the Part of the Judge, He Must Recuse. - Legal Reasoning

Question

MCQ

One of the reasons for recusal of a Judge is that litigants/the public might entertain a reasonable apprehension about his impartiality. As Lord Chief Justice Hewart said: "It is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done." And therefore, in order to uphold the credibility of the integrity institution, Judge recuses from hearing the case. A Judge of the Supreme Court or the High Court, while assuming Office, takes an oath as prescribed under Schedule III to the Constitution of India, that: "… I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws." Called upon to discharge the duties of the Office without fear or favour, affection or ill-will, it is only desirable, if not proper, that a Judge, for any unavoidable reason like some pecuniary interest, affinity or adversity with the parties in the case, direct or indirect interest in the outcome of the litigation, family directly involved in litigation on the same issue elsewhere, the Judge being aware that he or someone in his immediate family has an interest, financial or otherwise that could have a substantial bearing as a consequence of the decision in the litigation, etc., to recuse himself from the adjudication of a particular matter. No doubt, these examples are not exhaustive. The simple question is, whether the adjudication by the Judge concerned, would cause reasonable doubt in the mind of a reasonably informed litigant and fair-minded public as to his impartiality. Being an institution whose hallmark is transparency, it is only proper that the Judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case so that the litigants or the well-meaning public may not entertain any misunderstanding. Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill- will. Therefore, I am of the view that it is the constitutional duty, as reflected in one's oath, to be transparent and accountable, and hence, a Judge is required to indicate reasons for his recusal from a particular case.

As per the passage if right-minded persons entertain a feeling that there is any likelihood of bias on the part of the Judge, he must recuse. Does the passage also mentions about the recourse to be taken if there is mere possibility of such a feeling is

Options

  • No, the passage is silent on the conduct and actions to be taken at the mere possibility or likelihood of doubt harboured by right-minded persons.

  • Yes, the passage says there must exist circumstances where a reasonable and fair-minded man would think it probably or likely that the Judge would be prejudiced against a litigant.

  • No, the passage is concerned about judicial integrity than a mere presumption and possibility of bias against the judge by the right minded individuals.

  • Yes, the passage mentions the recusal in the interest of confidence, integrity and independence of Judiciary which in effect takes into account the possibility and likelihood of the bias as well.

Solution

No, the passage is silent on the conduct and actions to be taken at the mere possibility or likelihood of doubt harboured by right-minded persons.

Explanation:

Passage is completely silent on the aspect of likelihood or mere possibility of bias. Whatever information has to be assumed must be drawn from the paragraph. Therefore only option which logically extends is No, the passage is silent on the conduct and actions to be taken at the mere possibility or likelihood of doubt harboured by right-minded persons.

Concept: Indian Constitution (Entrance Exams)
  Is there an error in this question or solution?
Advertisement Remove all ads
Advertisement Remove all ads
Share
Notifications

View all notifications
Login
Create free account


      Forgot password?
View in app×