VidhiSangh

Supreme Court of India · 23/10/2019

SHAH AND S. RAVINDRA BHAT, JJ.] versus MANOHAR LAL & ORS. ETC.

[2019] 15 S.C.R. 1085 · 2019 INSC 1184

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

During the Constitution Bench reference concerning land-acquisition law, parties sought Justice Arun Mishra’s recusal because he had participated in the earlier decision whose correctness was under consideration. He declined recusal. The other four judges agreed that prior judicial participation created no legal bar to his hearing the reference, which was to proceed on its merits. This order did not decide the referred land-acquisition questions.

Issues

  1. Whether a judge’s earlier legal opinion in a smaller Bench barred participation in a larger Bench reconsidering that opinion.
  2. Who determines a request for an individual judge’s recusal.

Held

Result

The request for Justice Arun Mishra’s recusal was rejected. The Constitution Bench was to hear and decide the reference on its merits; the substantive questions concerning section 24 of the 2013 land-acquisition legislation remained for determination.

Judgment PDF: Supreme Court of India, [2019] 15 S.C.R. 1085.