Context

Recently, the Government has told the parliamentary panel to frame rules for mandatory declaration of assets by the Supreme Court, High Court judges.

Provision of Assets Declaration by the Public Officials

• Service conditions and the Conduct Rules of Civil Servants: It is 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. 
• Parliament members must furnish information regarding their assets and liabilities within 90 days from the date of taking the oath.
• There is no such provision for Assets Declaration by the Judges of the Supreme Court (SC) & High Courts (HCs).

Annual Declaration of Assets By Supreme Court and High Court Judges: A Milestone in 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 after that, at the beginning of every year. 
• On August 26, 2009, Supreme Court decided to disclose assets to the public by putting it on the apex court website. 
  • However, only a very small number of judges (55 SCs and 5 HCs) have uploaded their asset declarations thus far.
• Judicial Standards and Accountability Bill 2010: This bill enables judges to declare their assets and liabilities and sets judicial standards for their conduct. 
  • However, the Bill lapsed on the dissolution of the 15th Lok Sabha.

Way Ahead

• Supreme Court: The SC may devise a suitable mechanism that 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. 

Conclusion

Judges are also public functionaries, and furnishing such basic information will strengthen the confidence and trust of the public litigating in the judicial system.

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