Wednesday, November 18, 2009

The recusal debate (continued)

T.R.Andhyarujina has written in today's Hindu, on the conflict of interests controversy. Andhyarujina is among those who feel that the expectation that the Judges should avoid all conflicts of interest (including those apparently remote) will lead to absurd results. In this article, I deplore the lack of consistency in the Supreme Court's approach in either the assets or conflict of interests issues. In particular, I try to explain that two of the Supreme Court's claims on the assets issue - that they have complied with the 1997 Resolution and that the Judges have declared the assets voluntarily - are both inconsistent with facts and reasoning.
In today's Economic Times, Mukesh Butani, like TRA, identifies practical difficulties in blind adherence to the principle of recusal.
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