Frequent recusals: Judges’ silence risks public confidence

OF late, our courts have witnessed a spate of judicial recusals. While recusal is an established safeguard to ensure impartiality, the manner in which it is invoked and communicated has raised troubling questions. The episode at the National Company Law Appellate Tribunal (NCLAT) where a member disclosed that he was recusing himself from a case as he had been “approached” by a higher judicial figure to favour a party has shaken confidence in the process. Recently, Supreme Court Justice MM Sundresh recused himself from hearing Dalit rights lawyer Surendra Gadling’s bail plea, without citing any reason. Earlier, Karnataka High Court’s Acting Chief Justice V Kameswar Rao recused himself from the NLSIU transgender reservation appeal, citing links with the institution. Even Chief Justices — Sanjiv Khanna in the Election Commissioners’ appointments case and BR Gavai in an in-house judicial probe — have recently stepped aside. Such inconsistency sends mixed signals on transparency.