Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to judiciary;
Why in the News?
Out of 769 judges serving in 25 High Courts, only 95 (12.35%) have disclosed their assets publicly. Courts like Kerala (93.18%) and Himachal Pradesh (91.66%) lead in transparency, while Madras (5 of 65) and Chhattisgarh (1 of 16) lag significantly.
Why is judicial asset disclosure vital for accountability and transparency in India?
- Promotes Public Trust in the Judiciary: Transparency about judges’ financial status builds confidence in the impartiality and integrity of the judiciary. Eg: The Kerala High Court, where 93.18% of judges disclosed their assets, is often cited for maintaining high standards of judicial transparency.
- Acts as a Deterrent Against Corruption: Mandatory and public asset declarations reduce the scope for corrupt practices by subjecting judges to public scrutiny. Eg: The recent discovery of partially burnt currency notes at a High Court judge’s residence intensified concerns over hidden wealth and lack of oversight.
- Ensures Accountability of Public Office Holders: Judges are public servants paid from taxpayer money, and like elected representatives, must be held financially accountable. Eg: The Supreme Court’s past judgment requiring MPs/MLAs to declare assets reflects this principle — the same logic applies to the judiciary.
- Reduces Risk of Conflict of Interest: Regular disclosures help identify any undue financial interest that could influence judicial decisions. Eg: A judge ruling on a corporate dispute may be biased if they own shares in one of the companies involved — disclosures would reveal this.
- Strengthens Institutional Transparency and Ethics: It sets an ethical benchmark for the judiciary and other branches of government, promoting clean and transparent governance. Eg: The Supreme Court’s recent Full Court resolution (April 2025) to make all judges’ assets public reflects a significant move toward institutional integrity.
How can the Supreme Court’s asset disclosure push drive wider judicial reforms?
- Sets a Precedent for High Courts: The Supreme Court’s collective decision encourages other High Courts to adopt similar transparency measures, creating a ripple effect across the judiciary. Eg: After the Supreme Court’s Full Court resolution (April 2025), pressure has increased on High Courts like Madras and Chhattisgarh, where disclosure rates remain low.
- Catalyzes Legislative and Policy Reforms: The move strengthens the case for mandatory annual disclosures through legislation, as recommended by parliamentary committees. Eg: The 2023 Parliamentary Standing Committee Report called for laws requiring asset declarations by all judges — the Supreme Court’s step gives it momentum.
- Promotes a Culture of Judicial Accountability and Ethics: Voluntary public disclosures help build a culture of openness, paving the way for broader reforms like transparent appointments, performance reviews, and grievance redressal. Eg: Similar transparency efforts contributed to the creation of the National Judicial Appointments Commission (NJAC) debate and ongoing calls for reforming the collegium system.
Who are the key institutions responsible for enforcing judges’ asset disclosure?
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Way forward:
- Enact a Statutory Framework for Mandatory Annual Disclosures: The government should introduce legislation making annual asset and liability declarations mandatory for all judges of the Supreme Court and High Courts. This would ensure uniformity, legal backing, and prevent selective or voluntary compliance.
- Establish an Independent Oversight Mechanism for Verification and Monitoring: Set up an independent judicial accountability commission or ethics body to verify disclosures, monitor compliance, and address grievances related to judicial integrity.
Mains PYQ:
[UPSC 2021] “An independent and empowered social audit mechanism is an absolute must in every sphere of public service, including the judiciary, to ensure performance, accountability and ethical conduct. Elaborate
Linkage: Disclosure of assets is important to ensure that judges act responsibly and ethically. It helps build trust among the people and also supports the authority of the Constitution.
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