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National 1 min read

CJI Surya Kant Recuses from Petitions on CEC Appointment Act, 2023: Recusal and Doctrine of Necessity Explained

Chief Justice of India Surya Kant has recused himself from hearing petitions against the Chief Election Commissioner and Other Election Commissioners Act, 2023, citing a possible conflict of interest. Recusal is a judge's withdrawal from a case where there is a real likelihood or reasonable fear of bias, rooted in the natural justice rule "nemo judex in causa sua". Under the Doctrine of Necessity, a judge may still hear a matter if no other competent forum exists, as in the Supreme Court Advocates-on-Record Association v. Union of India (2015) case. India has no codified recusal law.