From UPSC perspective, the following things are important :
Prelims level: Judges' Asset Disclosure
Why in the News?
The discovery of large sums of cash at Delhi High Court judges’ residence has raised concerns about corruption in India’s judiciary and reignited the debate over the public disclosure of judges’ assets and liabilities.
Current Stance on Judges’ Asset Disclosure
- Supreme Court’s Historical Approach:
- 1997 Resolution: The Supreme Court, under Chief Justice J.S. Verma, resolved that judges should disclose their assets to the Chief Justice of India (CJI), but this did not involve public disclosure.
- 2009 Resolution: The full Bench of the Supreme Court agreed to publish judges’ asset declarations on the court’s website, though this was done voluntarily. However, the website has not been updated since 2018, and the assets of current judges are not publicly available.
- 2019 Ruling: The Supreme Court ruled that judges’ personal assets and liabilities are not private information, making them subject to the Right to Information (RTI) Act.
- High Court’s Position:
- As of March 2024, only 13% of High Court judges have publicly disclosed their assets and liabilities. Many High Courts, including Uttarakhand and Allahabad, have opposed public disclosure and argued that such information is outside the scope of the RTI Act.
- Resistance to Full Disclosure:
- The Uttarakhand High Court (2012) passed a resolution opposing the disclosure of judges’ assets under the RTI Act. Similarly, many High Courts have rejected RTI applications seeking information about judges’ assets.
Parliament’s Role – Proposed Reforms
- Committee Recommendation (2023):
- The Parliamentary Committee on Personnel, Public Grievances, and Law and Justice recommended that legislation be introduced to make the disclosure of judges’ assets and liabilities mandatory for Supreme Court and High Court judges.
- However, there has been no progress on implementing this recommendation as of now.
- Need for Legislation:
- Despite the RTI Act requiring public servants to disclose their assets, judges have largely remained exempt from such transparency.
- Legislative action is seen as essential to ensure accountability and transparency within the judiciary, with several advocating for mandatory public disclosure similar to other public officials.
| [UPSC 2017] With reference to the appointment of the High Court Judges, consider the following statements:
1. Chief Justice of India is consulted by the President in the appointment. 2. Governor of the State is consulted by the Chief Justice of India in the appointment. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 [UPSC 2021] An independent and empowered social audit mechanism is an absolute must in every sphere of public service, including judiciary, to ensure performance, accountability and ethical conduct. Elaborate. |
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