Judges Should Declare Their Assets, Too

August 23, 2023

GS Paper II Indian Polity and Governance

Context:

Recently, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice recommended that all public functionaries in India are required to furnish the annual return of their assets.

Provision of Assets Declaration by the Public Officials:

Service conditions and the Conduct Rules of Civil Servants: Mandatory to file annual returns of their immovable properties.
The Code of Ethics: The Comptroller and Auditor General of India uploads their latest assets’ declaration on the website under their Code of Ethics.
The Code of Conduct: Members of the Council of Ministers declare their assets as per the Code of Conduct for Ministers issued by the Ministry of Home Affairs.
Members of Parliament are required to furnish information regarding their assets and liabilities within 90 days from the date of their taking the oath.
There is no such provision of Assets Declaration by the Judges of the Supreme Court (SC) & High Courts (HCs):

Judicial Transparency and Accountability:

The Restatement of Values of Judicial Life: A resolution by the SC on May 7, 1997 making it mandatory for every judge of the SC & HCs to make a declaration of assets and liabilities at the time of appointment and thereafter, at the beginning of every year.
On August 26, 2009: SC decided to disclose assets to the public by putting it on the website of the apex court.
- However, a very small number of judges (55 of SC & 5 of HCs) have thus far uploaded their assets’ declarations.
Judicial Standards and Accountability Bill, 2010: Enabling the declaration of assets and liabilities of judges and laying down judicial standards to be followed by them.
- However, the Bill lapsed on the dissolution of the 15th Lok Sabha.

The Path Ahead:

Supreme Court: The SC may devise a suitable mechanism which will require the judges of the SC and HCs to compulsorily furnish the annual returns of their immovable properties every year.
Government: They should bring in appropriate legislation to make it mandatory for the judges of the SC and HCs to furnish their property returns on an annual basis.
- Judges are also public functionaries and furnishing such basic information will strengthen the confidence and trust of the litigating public in the judicial system.