Sushil Kumar Modi writes: Judges should declare their assets, too

Source– The post is based on the article “Sushil Kumar Modi writes: Judges should declare their assets, too” published in “The Indian Express” on 22nd August 2023.

Syllabus: GS2- Judiciary

Relevance: Reform in judiciary

News– The article deals with the issues of declaration of assets by judges of Supreme Courts and High Courts.

What are various provisions related to declaration of assets by public officials?

All public officials in India are obligated to submit an annual declaration of their assets, using various forms and methods.

The terms of employment and the Conduct Rules for Civil Servants specify the compulsory submission of annual property declarations for their immovable assets.

Other constitutional authorities, such as the Comptroller and Auditor General of India, adhere to their Code of Ethics by posting their most recent asset declarations on their website.

Members of the Council of Ministers also disclose their assets in accordance with the Code of Conduct for Ministers issued by the Ministry of Home Affairs.

Members of Parliament are mandated to provide details of their assets and liabilities within 90 days of taking their oath of office.

What is the stand of the judiciary on declaration of assets by judges?

Regarding the judges of the Supreme Court and high courts, there is no provision for officially disclosing their financial holdings.

In 1997, the Supreme Court adopted a resolution called “The Restatement of Values of Judicial Life” was adopted. This resolution stipulates that judges must declare their assets and debts upon assuming office and subsequently at the beginning of each year.

In 2009, a full bench of the Supreme Court decided to make judges’ asset declarations public by posting them on the apex court’s website. The same bench changed its stance, deciding that asset declarations would be posted on the website voluntarily.

Currently, the Supreme Court’s website shows that only 55 judges have uploaded their asset declarations. Concerning high courts, only five have made this information available on their websites.

What are some facts about the Judicial Standards and Accountability Bill, 2010?

This bill aimed to establish a legal framework for investigating individual complaints against judges of the high courts and Supreme Court and recommending appropriate actions.

It also aimed to facilitate the declaration of judges’ assets and debts and establish standards of conduct for them. The bill was meant to replace the Judges Inquiry Act of 1968 while preserving its fundamental aspects.

Way forward-

The Supreme Court has taken the stance that the public has the right to be informed about the assets of individuals contesting elections as Members of Parliament or Members of Legislative Assemblies.

Judges also serve as public officials. It is reasonable for litigants to have access to such fundamental information about them. This approach would foster trust and confidence in the judicial system among those involved in legal proceedings.

The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice extensively discussed it.

The Committee suggested that the government should introduce appropriate legislation to enforce the mandatory submission of property reports by judges of the Supreme Court and high courts on an annual basis.

This can be achieved by introducing necessary amendments to existing acts—namely, the Supreme Court Judges (Salaries and Conditions of Service) Act of 1958 and the High Court Judges (Salaries and Conditions of Service) Act of 1954.

Alternatively, an entirely new legislation addressing this matter could be introduced.

Another option is for the Supreme Court collegium to establish a suitable mechanism that would require judges of the Supreme Court and high courts to compulsorily disclose their annual reports on immovable properties.