All sitting judges of the Supreme Court have unanimously agreed to disclose their assets publicly by publishing the details on the apex court's official website, marking a significant move towards greater transparency in the Indian judiciary. The decision, taken at a full court meeting on April 1, marks a major shift from the existing practice, where asset declarations remained a matter of judges' discretion.
The resolution, which applies to both current and future judges, comes against the backdrop of growing concerns over opacity in the judiciary. The need for greater accountability has been underscored by recent controversies, most notably the alleged discovery of a large sum of cash at the residence of justice Yashwant Varma last month, while he served as a judge in the Delhi high court. Justice Varma is currently facing an in-house inquiry and has been moved to his parent high court at Allahabad. The Supreme Court's decision to mandate public disclosure is seen as a step towards restoring public confidence in judicial integrity.
It's been a long debate
The debate over judicial asset disclosure has spanned decades. In 1997, the Supreme Court adopted a resolution known as “The Restatement of Values of Judicial Life,” which required every judge of the Supreme Court to declare their assets and liabilities to the Chief Justice of India (CJI). High court judges are supposed to submit the details of their assets to the chief justices of their high courts. This declaration was to be made upon appointment and updated annually. However, this internal mechanism did not extend to public disclosure.
In 2009, in response to public scrutiny, the full bench of the Supreme Court resolved to allow voluntary disclosure of judges' assets. Subsequently, on September 8, 2009, the Supreme Court clarified that while judges were encouraged to declare their assets publicly, it would not be mandatory. Even today, the Supreme Court website states that asset disclosure remains voluntary, with 30 out of 33 judges having submitted their declarations.
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