The Supreme Court of India recently dismissed a writ petition seeking guidelines to govern the recusal of judges, making it clear that the decision to recuse is solely at the judge's discretion. The bench, comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, categorically held, "The recusal is a matter of discretion of the judge. Jurisdiction under Article 142 cannot be exercised for laying down guidelines for the recusal of judges. Hence the writ petition is dismissed."

Read Also:- CJI BR Gavai Criticizes SCBA for Denying Farewell to Justice Bela Trivedi

The petitioner had previously approached the Supreme Court with a similar plea, questioning the recusal of a Karnataka High Court judge after reserving an order. The court, however, declined to interfere. In the present petition, the petitioner sought specific guidelines for judge recusal, citing practices in other countries where judges disclose conflicts of interest in advance.

Advocate Nisha Tiwari, representing the petitioner, argued, "In my case, the judge has recused, no bench has been assigned just because such guidelines are not there." She also highlighted that the case had been kept for judgment on four occasions before the judge finally recused.

Responding to these submissions, Justice Oka emphasized, "We cannot frame such guidelines."

Read Also:- J&K High Court: Revenue Officer Must Follow Section 111-A Of Land Revenue Act When Title Dispute Is Raised

The Supreme Court maintained that the decision to recuse rests solely with the judge concerned and cannot be controlled through general guidelines. The bench recorded the petitioner’s complaint that despite filing an application before the Karnataka High Court, a fresh bench was not assigned. Addressing this, the Court stated, "We permit the petitioners to move the Chief Justice of the High Court on the administrative side. We are sure that if such an application is made, the Chief Justice will assign a bench."

Background of the Case

The dispute originated from a petition filed in the Karnataka High Court seeking an FIR against the wife and son of the Karnataka Lokayukta over alleged corruption. When the High Court judge, Justice M Nagaprasanna, recused after reserving the order, the petitioner approached the Supreme Court, initially seeking an inquiry into the judge’s recusal.

Read Also:- NLU Consortium Ready to Release CLAT UG 2025 Revised Results After Supreme Court Order

On October 24, 2023, the Supreme Court had dismissed that plea, criticizing it for containing irrelevant and objectionable content that cast aspersions on the judge. However, the petitioner was allowed to file a fresh petition limited to seeking guidelines on judicial recusal.

Despite this, the Supreme Court reiterated in the present case that guidelines for judicial recusal cannot be framed under Article 142.