The Union Government Proposes Mandatory Annual Asset Declaration for Supreme Court and High Court Judges, Seeks Social Status Data for Diversity Assessment in Judiciary
Union Government is contemplating the introduction of stringent regulations that would require judges from both the Supreme Court and High Courts to annually declare their assets and liabilities. This initiative is seen as a crucial step towards reinforcing public trust in the judiciary by ensuring that those who hold positions of power are accountable for their financial dealings.
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The Parliamentary Standing Committee has strongly advocated for this measure, stating,
“Anybody holding public office and drawing a salary from the exchequer should mandatorily furnish annual returns of their property. (Para 79 of the report) 4.2 Declaration of assets by the judges of the higher judiciary will only bring more trust and credibility into the system.”
This recommendation underscores the committee’s belief in the importance of transparency for those in public office, including members of the judiciary.
Furthermore, the committee has highlighted a critical issue regarding the diversity, or lack thereof, within the higher judiciary.
“Commenting on the data provided for the last one year, the committee said, ‘It can be seen that our higher judiciary suffers from a ‘diversity deficit’. The representation of SCs, STs, OBCs, women, and minorities in the higher judiciary is far below the desired levels and does not reflect the social diversity of the country.’”
This observation points to the need for broader reforms within the judiciary to ensure it more accurately represents the diverse fabric of Indian society.
The committee also drew parallels between the expectations placed on politicians and those on the judiciary, noting,
“The Supreme Court has gone to the extent of holding that the public has a right to know the assets of those standing for elections as MPs or MLAs. When so, it belies logic that judges don’t need to disclose their assets and liabilities.”
This comparison further strengthens the argument for mandatory asset declarations by judges, aligning their transparency obligations with those of elected officials.
In response to these discussions and recommendations, the Centre has outlined its plan to formalize the process of asset declaration by judges.
“Based on the recommendations made by the Parliamentary Standing Committee, this Department is proposing to frame Rules under the High Court Judges Act, 1954 and Supreme Court Judges Act, 1958 to lay down a procedure for making statutory provisions in the Rules for Declaration of Assets by the Judges of the Supreme Court and High Court Judges on their initial appointment and thereafter every year by the due date,”
the Centre’s response elucidated. This statement indicates a concrete step towards implementing a framework for annual asset declarations, marking a pivotal development in judicial reform efforts.
Additionally, the Department of Justice weighed in on the potential impact of equalizing the retirement ages for Supreme Court and High Court judges, suggesting,
“The probable consequence of enhancing the age of high court judges could be that many high court judges may prefer to remain in high courts being their parent high court either as judges or as chief justices, in case the retirement ages of the Supreme Court and high court judges is the same.”
This insight highlights the complexities involved in judicial reforms and the need for a nuanced approach to such changes.
The Union Government’s consideration of mandatory annual asset declarations by judges represents a critical advancement towards reinforcing the principles of transparency and accountability within the Indian judiciary. By adopting a policy that aligns with international norms and responds to the public’s demand for greater transparency, this initiative has the potential to significantly enhance the integrity and public perception of the judiciary, ensuring it remains a pillar of democracy that reflects the diversity and values of the society it serves.
