Topic: Structure, organization and functioning of the Executive and the Judiciary; Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
2. “Judicial impartiality is a significant element of justice”, Elucidate in the backdrop of recusal made recently by Justice Mohan M Shantanagoudar, Supreme Court judge. (250 words)
Reference: The Hindu
Why this question:
Recently, Justice Mohan M Shantanagoudar, Supreme Court judge, recused from hearing the petition filed by Sarah Abdullah Pilot, sister of former J&K Chief Minister Omar Abdullah, challenging his detention under the J&K Public Safety Act. Thus the question.
Key demand of the question:
The answer must discuss the need and importance of Judicial impartiality and in what way it is a key element of Justice.
Elucidate – Give a detailed account as to how and why it occurred, or what is the particular context. You must be defining key terms where ever appropriate, and substantiate with relevant associated facts.
Structure of the answer:
Briefly explain what you understand by Judicial Impartiality.
Discuss the recent incidence of Recusal. In short explain what recusal is and how it acts as a tool to be impartial in the judicial system. Explain various options/methods available in the Indian judiciary that aid a judge to remain impartial. Highlight case studies from past to present of key judgments that mark the pivot of impartiality in the Indian Judiciary. Explain why Impartiality is a key factor in Judiciary.
Conclude that Judicial impartiality is a significant element of justice. Judges should decide legal disputes free of any personal bias or prejudice. As a result of a conflict of interest, a judge may be unable to maintain impartiality in a case and thus should be disqualified.