Supreme Court Judges Declare Assets, But Public Access Remains Limited

In a significant development, 27 out of the 33 sitting Supreme Court judges have declared their assets and liabilities, complying with a procedural requirement. However, the content of these declarations remains inaccessible to the public. This move comes as part of a broader effort to ensure judicial accountability, with Parliament’s Committee on Personnel, Public Grievances, and Law and Justice previously recommending mandatory public disclosure of assets by Supreme Court and High Court judges. Despite these declarations, transparency remains an ongoing concern, and public access to these details has yet to materialize.

Supreme Court Judges Assets Declarations

The declaration of assets and liabilities by Supreme Court judges has long been a matter of public interest. In 2009, the Supreme Court passed a resolution requiring judges to voluntarily declare their assets when they assume office or acquire substantial assets. This was intended to bring a level of transparency to the judiciary, similar to the disclosure rules for Members of Parliament (MPs), Members of Legislative Assemblies (MLAs), and all-India service officers.

However, despite these resolutions, public access to these declarations remains restricted. A notable development occurred when the Supreme Court made asset declarations publicly available on its website until 2018. This practice was discontinued after March 31, 2018, raising concerns about transparency and public oversight of the judiciary.

The Supreme Court Collegium and Asset Declarations

The Supreme Court Collegium, responsible for appointing judges to the apex court, has also been at the center of the asset declaration debate. While several justices, including Justices Sanjiv Khanna, B R Gavai, Surya Kant, and others, have complied with the requirement to declare assets, there is no mandate for these details to be shared with the public. The Collegium’s role in maintaining accountability and transparency in the judiciary continues to be debated, especially as the process of public asset disclosure remains voluntary.

Call for Legislation and Judicial Accountability

A year ago, the Parliamentary Standing Committee on Law and Justice, led by BJP MP Sushil Kumar Modi, called for a law mandating the public disclosure of assets by both Supreme Court and High Court judges. The committee recommended that judicial asset disclosures should follow the same rules as those governing MPs, MLAs, and other public officials. Despite this recommendation, no such law has been enacted to make asset declarations by judges mandatory and publicly accessible.

The lack of a legal framework mandating public disclosure has led to calls for greater judicial accountability. The judiciary, being one of the three pillars of democracy, is expected to uphold transparency and integrity. The absence of public access to asset declarations raises concerns about potential conflicts of interest, especially when judges rule on high-stakes cases involving significant financial interests.

Supreme Court Total Judges and Vacancies

As of now, the total strength of the Supreme Court stands at 33 judges, including the Chief Justice of India. This figure represents the highest judicial office in the country, responsible for overseeing cases of constitutional importance, civil disputes, and other significant legal matters. However, there are still ongoing vacancies, with judicial appointments often delayed due to procedural issues within the Supreme Court Collegium and other administrative challenges.

The vacancies in the Supreme Court, combined with the limited public access to asset declarations, have become critical issues in current affairs. Delays in filling vacancies can lead to increased case backlogs, impacting the delivery of justice. At the same time, the lack of transparency in judicial asset declarations adds to the broader debate on the need for judicial reforms.

RTI Rejection and Concerns About Transparency

In August 2023, The Indian Express filed a Right to Information (RTI) application seeking details on judges who had not declared their assets between 2022 and 2024. However, the Supreme Court’s Central Public Information Officer (CPIO) rejected the request, citing exemptions under the RTI Act. An appeal against this decision was upheld by the First Appellate Authority, further denying access to the requested information.

This rejection of RTI applications has fueled concerns about the lack of transparency in the judicial system. The exemption of judges’ asset declarations from public scrutiny under the RTI Act is seen by many as a barrier to holding the judiciary accountable. Critics argue that public officials, including judges, should be subject to the same level of transparency as other branches of government.

The Path Ahead

The issue of public disclosure of judges’ assets and liabilities is likely to remain a contentious topic in the push for judicial reforms in India. With the parliamentary committee calling for mandatory disclosure laws and civil society advocating for greater transparency, the judiciary may face increased pressure to make asset declarations publicly accessible.

At the heart of this debate is the need to balance judicial independence with accountability. While the voluntary nature of the current asset declaration process allows judges to maintain some level of privacy, it also raises questions about the judiciary’s commitment to transparency.

In conclusion, while the majority of Supreme Court judges have complied with asset declaration requirements, the lack of public access to these details continues to be a point of concern. The call for mandatory asset disclosure laws and increased transparency in the judiciary remains an important issue in the context of India’s evolving legal landscape.