A recent fire at the residence of a former Delhi High Court judge has sparked national outrage, shedding light on the persistent opacity surrounding asset declarations in India’s higher judiciary.
NEW DELHI: The judiciary in India is once again under public scrutiny following the shocking discovery of charred cash at the official residence of former Delhi High Court judge, Justice Yashwant Varma. The fire, which broke out on March 14 in the store room of his bungalow, led to a startling revelation when fire and rescue personnel discovered half-burnt currency notes in the debris.
This incident has reignited long-standing concerns about the lack of transparency and accountability in the higher judiciary, particularly in relation to asset declarations.
While the incident involving Justice Varma has dominated headlines, it merely scratches the surface of a deeper systemic issue. A recent report reveals that an overwhelming majority of High Court judges — 88% — have not made their assets and liabilities public. Out of the 769 judges serving across India’s 25 High Courts, only 95 judges (approximately 12.35%) have disclosed their financial information on official court websites.
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Stark Differences Across High Courts
The state-wise statistics paint a troubling picture of inconsistency. While some High Courts demonstrate commendable transparency, others lag far behind:
- Kerala High Court stands out positively, with 41 out of 44 judges having declared their assets.
- Himachal Pradesh High Court also sets a good precedent, with 11 out of 12 judges being transparent.
- Delhi High Court, which had seen 29 judges disclose their assets back in 2018, now has only 7 judges who have made their declarations public.
- Chhattisgarh High Court is currently at the bottom of the list, with just one out of 16 judges having disclosed assets.
- Madras High Court also shows poor performance, with only 5 out of 65 judges complying with asset disclosure.
These glaring disparities raise questions about the uniformity and enforcement of ethical standards across the Indian judiciary.
Supreme Court Takes the Lead
In contrast to the High Courts, the Supreme Court of India has recently taken a significant step towards improving transparency. At a Full Court meeting on April 1, all 33 sitting judges, including Chief Justice Sanjiv Khanna, unanimously agreed to make their asset declarations publicly available on the Supreme Court website. Notably, 30 out of 33 judges had already complied with asset disclosures before this meeting, setting a strong example for lower courts.
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Institutional Recommendations Ignored?
The debate is not new. In August 2023, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice released a report titled “Judicial Processes and Their Reforms”, which included a clear recommendation: mandatory annual declaration of assets by all Supreme Court and High Court judges.
The committee observed:
“When the Supreme Court has ruled that citizens have a right to know the assets of candidates contesting elections, it is irrational and indefensible that judges should be exempt from the same level of scrutiny.”
Despite such recommendations and the Supreme Court’s progressive stance, many High Courts have yet to institutionalize transparent practices, leaving a gaping hole in public accountability.
A Moment of Reckoning?
Justice Yashwant Varma’s case may serve as a catalyst for broader judicial reform, but whether it will lead to concrete changes remains to be seen. Lawyers and civil society groups have already started questioning not just individual cases of misconduct, but the culture of opacity that seems entrenched within sections of the judiciary.
As public trust hinges on the integrity of the judicial system, the question reverberates louder than ever:
“How long can this continue, Milord?”
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