27 out of 33 current Supreme Court judges have declared their assets to CJI DY Chandrachud, but the actual declarations remain unpublished. Despite recommendations for mandatory public disclosure, the judiciary maintains discretion over the publication of such details.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: 27 out of the 33 current judges of the Supreme Court of India have declared their assets and liabilities to Chief Justice of India (CJI) DY Chandrachud, as noted in an update on the Supreme Court’s official website last month. However, while their names have been made public, the actual declarations of their assets have not been published online. This follows the court’s decision to keep the disclosure of judges’ assets voluntarily, leaving the publication of such details at the judiciary’s discretion.
A year ago, the Parliament Committee on Personnel, Public Grievances, Law, and Justice recommended legislation to make it mandatory for Supreme Court and High Court judges to declare their assets and liabilities publicly. This suggestion came as part of a broader initiative to ensure greater transparency and accountability within the judiciary.
However, despite these recommendations, the current process remains voluntary. Until a few months ago, declarations of 55 former Supreme Court judges were accessible in the public domain, but the records of sitting judges were conspicuously absent. Now, even those historical records have been removed.
An official from the Supreme Court clarified that the website update occurred on August 7, 2023.
The official stated-
“Records of former judges who have resigned have been deleted. Additionally, when a judge assumes office, their assets are declared and recorded by the Supreme Court. However, the decision to make these declarations public is solely at the discretion of the court.”
The voluntary nature of these declarations has long been a subject of debate.
As per the information on the Supreme Court’s website-
“The Supreme Court of India determined that the Chief Justice should declare assets upon assuming office and whenever acquiring any significant material assets, including the Chief Justice of India. The declaration of assets on the Supreme Court’s website will be voluntary.”
List of Judges Who Declared Their Assets
The Supreme Court website currently lists the names of judges who have declared their assets, including:
- Chief Justice of India DY Chandrachud
- Justice Sanjiv Khanna
- Justice BR Gavai
- Justice Surya Kant
- Justice Hrishikesh Roy
- Justice Abhay S. Oka
- Justice Vikram Nath
- Justice JK Maheshwari
- Justice BV Nagarathna
- Justice MM Sundresh
- Justice Bela M. Trivedi
- Justice PS Narasimha
- Justice Sudhanshu Dhulia
- Justice JB Pardiwala
- Justice Dipankar Datta
- Justice Pankaj Mithal
- Justice Sanjay Karol
- Justice Sanjay Kumar
- Justice Ahsanuddin Amanullah
- Justice Manoj Mishra
- Justice Arvind Kumar
- Justice KV Viswanathan
- Justice Ujjwal Bhuyan
- Justice SV Bhatti
- Justice Augustine George Masih
- Justice Sandeep Mehta
- Justice Prasanna Bhalchandra Varle
Right to Information (RTI) Requests and Asset Declarations
On August 28, 2023, a news agency applied for the Right to Information Act (RTI), seeking details of the judges who had not declared their assets between 2022 and 2024. The Supreme Court’s Central Public Information Officer (CPIO) responded that this information is exempted under the RTI Act.
Following an appeal against the decision, the first appellate authority upheld the CPIO’s stance, noting-
“The reply sent by the CPIO is appropriate and does not require any further additional or further elaboration.”
This response points to an ongoing tension between the judiciary’s internal regulations and public expectations of transparency. While the Supreme Court has ruled that it is within its discretion to make such information available, there remains a significant demand for greater accountability from public and civil society groups.
Voluntary Disclosures and the End of the Practice in 2018
The history of asset declarations within the judiciary dates back to September 8, 2009, when a full bench of the Supreme Court resolved to voluntarily disclose their assets on the court’s website by October 31, 2009. This resolution was seen as a step toward enhancing transparency within the judiciary, but it was clear from the beginning that the disclosures would remain voluntary.
The practice of posting judges’ assets on the website continued for several years but was eventually discontinued after March 31, 2018. This shift led to questions regarding the reasons for stopping the practice and why asset declarations were not made mandatory for judges, in line with other public servants.
Calls for Mandatory Declarations: Parliamentary Committee’s Recommendations
In December 2022, the late BJP MP and Chairman of the Parliamentary Standing Committee on Law, Sushil Kumar Modi, advocated for mandatory declarations. He pointed out that like Members of Parliament (MPs), Members of Legislative Assemblies (MLAs), and officers of the All-India Services, judges of the Supreme Court and High Courts should also be required to declare their assets publicly.
Modi had argued that the lack of such mandatory legislation leaves a significant gap in public accountability within the judiciary. He called for changes to bring judges under the same legal obligations as other public officials.
One of the most significant rulings related to transparency in the judiciary came on November 13, 2019, when a Constitution Bench of the Supreme Court, headed by then Chief Justice Ranjan Gogoi, ruled that the office of the Chief Justice of India is a public authority under the RTI Act.
The bench, which also included Justices NV Ramana, DY Chandrachud, Deepak Gupta, and Sanjiv Khanna, emphasized-
“The right to information should not be allowed to be used as a tool of surveillance to impede the effective functioning of the judiciary.”
