Public Disclosure Of Judges’ Assets

In the wake of controversy surrounding the alleged discovery of unaccounted cash at the residence of Justice Yashwant Varma of the Delhi High Court, the Supreme Court judges have unanimously resolved to publicly disclose their assets and liabilities.

This decision was taken at a full court meeting held on April 1, 2025, chaired by Chief Justice of India (CJI) Sanjiv Khanna, to restore public trust and reinforce judicial accountability.

About the resolution

Reviving Asset Declarations: The Supreme Court had started publishing asset declarations in 2009, but the practice faded out after a few years.
The current move revives the commitment to transparency, as 31 of 33 sitting judges, including the CJI, have already submitted their declarations.
- Two newly-appointed judges ,Justices K Vinod Chandran and Joymalya Bagchi — are yet to submit their asset details.
Public Access to Asset Declarations: The asset and liability details, which were previously kept confidential, will now be uploaded to the Supreme Court website, marking a significant shift towards institutional transparency.

About Judicial Accountability

Responsibility in Decision-Making: Judicial accountability refers to the obligation of judges to make decisions based on law, facts, and reasoned judgment, and to justify those decisions through written opinions that can be reviewed.
Transparency and Oversight: It involves mechanisms to ensure judges act ethically and lawfully, including disclosures, performance reviews, and disciplinary procedures to maintain public trust and uphold the rule of law.

Public Disclosure of Assets by Judges: Arguments For and Against

Arguments Against	Arguments For
Privacy Concerns: Judges fear intrusion into personal finances and potential misuse of disclosed information.	Transparency and Accountability: Public disclosure promotes judicial integrity and builds trust in the legal system.
Security Risks: Publicizing assets may expose judges and their families to threats, blackmail, or undue pressure.	Prevention of Corruption: Helps prevent illicit wealth accumulation and ensures judges maintain ethical financial practices.
Past Backlash: Judges reluctant due to previous incidents where disclosures led to criticism, such as listing “daughter’s marriage” as a liability.	Global Best Practice: Many democratic nations mandate asset disclosure for public officials, ensuring fairness in governance.
Voluntary and Low Compliance: Previous attempts were inconsistent, with only 13% of High Court judges disclosing assets in 2023.	Strengthens Public Confidence:Reduces suspicion of undue influence and enhances faith in judicial impartiality.

RTI Provisions in Respect of Judiciary

CJI as Public Authority

In 2019, the Supreme Court ruled that the office of the Chief Justice of India is a public authority and falls under the Right to Information (RTI) Act.
The ruling upheld an earlier 2009 judgment by Justice Ravindra Bhat (then at Delhi High Court), who had affirmed the CJI’s obligation to disclose judges’ assets under RTI.

Balancing Transparency and Judicial Independence

CJI Sanjiv Khanna emphasized that transparency and judicial independence are not mutually exclusive and should work in tandem to uphold democratic values.

Steps Taken by the Judiciary to Enhance Transparency

1997 Full Court Resolution: The Supreme Court first adopted a resolution on May 7, 1997, mandating all judges to declare real estate and investment assets to the CJI within a reasonable time of appointment.
2009 Full Court Decision: In August 2009, under CJI K G Balakrishnan, the court decided to upload judges’ assets online, following public pressure and internal debates.
2025 Renewed Commitment: The recent April 1, 2025 full court meeting reaffirmed this commitment, and declarations are expected to be uploaded by July 31, after judges file their income tax returns.
- This move aligns with the judiciary’s broader goal of enhancing accountability, transparency, and public confidence in the justice system.

Comparative Analysis of Judicial Asset Disclosure

Country	Asset Disclosure Requirement	Transparency Measures	Accountability Mechanisms
India	Voluntary for judges; low compliance.	The Supreme Court publishes some voluntary disclosures.	Internal oversight by judiciary; lacks legal mandate.
United States	Mandatory disclosure under the Ethics in Government Act.	Annual financial reports available publicly.	Judicial Conference oversees compliance; penalties for non-disclosure.
United Kingdom	No mandatory asset disclosure for judges.	Judicial Appointments Commission ensures transparency.	The Independent Office for Judicial Complaints investigates misconduct.
Canada	Judges declare assets privately to the Canadian Judicial Council.	Public complaints mechanism for judicial integrity.	Council reviews conflicts of interest but disclosures remain confidential.

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