The Sanjiv Chaturvedi case has become a case study in “bench avoidance.” While judicial recusal is a valid tool for fairness, its repetitive use in a single officer’s case raises structural questions about the Indian judiciary.
How Recusals Normally Work
In India, judicial recusal is governed by principles of natural justice. Judges step aside to avoid perceived bias—personal connections or conflicts of interest. Importantly, they are not legally required to state reasons. Most recusals are isolated events. Clusters of recusals exceeding ten are institutionally rare.
?? The Anomaly: 16 Recusals
Occurs when a judge has a personal conflict of interest. Rare and isolated.
16 Judges have stepped aside across various courts since 2016.
“Bench Avoidance” — Legal experts suggest this happens when cases implicate systemic power structures rather than single individuals.
Why This Case Is Different
Legal observers note a key distinction:
- Criminal Cases: Recusals are often driven by explicit fear (e.g., Gangster cases).
- Whistleblower Cases: Recusals show “procedural avoidance.” The cases accumulate quietly over years.
This makes the phenomenon harder to confront. It allows the system to normalize delay without anyone technically breaking the law.
What’s at Stake
When cases involving integrity remain perpetually unheard:
- Faith in impartial adjudication erodes.
- Honest officers reconsider seeking legal remedies.
- Institutions learn that delay is safer than a decision.
Justice, in such cases, is neither denied nor delivered—it is indefinitely deferred.
Read the full story:
Read: So Powerful That Even Judges Step Aside
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