The Indian government clarified that it will not legislate to require Supreme Court and high court judges to declare their assets, despite a parliamentary recommendation. Union Law Minister Arjun Ram Meghwal highlighted the existing “Restatement of Values of Judicial Life” and voluntary disclosures by judges as sufficient for maintaining transparency without compromising judicial autonomy.
New Delhi: The government clarified on Thursday (Nov 28th) that it does not intend to bring legislation mandating Supreme Court and high court judges to furnish property returns. This response came in light of a recommendation by a parliamentary committee, as disclosed by Union Law Minister Arjun Ram Meghwal in the Rajya Sabha.
In his written reply, Meghwal stated that “details of the declaration of assets by the judges of high courts and the Supreme Court were not centrally maintained.” He further confirmed that the government is “not contemplating to enact a law mandating judges of the higher judiciary to furnish their property returns as recommended by the Parliamentary Standing Committee in its report titled ‘Judicial Processes and their Reform’ of August, 2023.”
Meghwal referred to the “Restatement of Values of Judicial Life”, a set of ethical standards adopted by the Supreme Court during a full-court meeting on May 7, 1997. This code emphasizes self-regulation within the judiciary, setting a framework for transparency and accountability.
He also highlighted past actions by the judiciary to disclose property details voluntarily. A full bench resolution dated August 26, 2009, decided to make judges’ statements of assets public by hosting them on the Supreme Court’s website.
The minister elaborated that on September 8, 2009, the Supreme Court further resolved to make these disclosures available online by October 31, 2009, emphasizing that the process was purely voluntary. This initiative aimed to foster public trust in the judiciary while respecting its independence.
The debate stems from the Parliamentary Standing Committee’s 2023 report titled “Judicial Processes and their Reform”, which proposed legislative measures to make asset declarations mandatory for judges. However, Meghwal’s statement firmly ruled out such a move, reflecting the government’s stance on maintaining judicial autonomy.
The question of judicial accountability and transparency has been a recurring topic of discussion in India. Critics argue that mandatory asset disclosures could enhance public confidence, while proponents of judicial independence caution against imposing obligations that might undermine the judiciary’s autonomy.
While the government appears to favor the judiciary’s voluntary disclosure system, the issue continues to spark debate, balancing the need for transparency with preserving judicial independence.
As Meghwal’s statement highlights, the “Restatement of Values of Judicial Life” and the voluntary disclosures by judges remain key pillars of the judiciary’s approach to accountability, albeit without the force of law.
This measured response underscores the government’s reluctance to interfere with the self-regulatory framework established by the judiciary, ensuring that transparency remains voluntary while safeguarding institutional independence.
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