Introduction to Transparency in the Judiciary

In a significant move towards enhancing transparency and accountability within the Indian judiciary, the Supreme Court has decided that all judges will publicly declare their assets. This decision comes in the wake of a recent controversy involving Justice Yashwant Varma, which highlighted concerns over judicial integrity. Chief Justice of India Sanjiv Khanna, along with 29 other judges, will lead this initiative to restore public faith in the judiciary.

Background on Judicial Asset Disclosure

Historically, Supreme Court judges have been required to declare their assets to the Chief Justice since 1997. However, this disclosure was not publicly available unless a judge chose to make it so voluntarily. In 2009, the Supreme Court resolved to make these declarations public on its website, albeit still on a voluntary basis. Despite these resolutions, the practice of public disclosure largely ceased after 2018, leaving only a list of judges who had submitted declarations to the Chief Justice without the actual details being publicly accessible.

Recent Controversy and Response

The catalyst for this shift towards greater transparency was the controversy surrounding Justice Yashwant Varma. He was transferred from the Delhi High Court to the Allahabad High Court following reports of large cash reserves being found at his residence. Although Justice Varma has denied any wrongdoing, the incident sparked a wider debate on the need for transparency in judicial asset declarations.

Key Points of the New Policy:

• Public Disclosure: The Supreme Court has resolved that judges will now publicly declare their assets upon assuming office.
• Voluntary Uploads: While judges must declare their assets, uploading these details on the Supreme Court website will be voluntary.
• Substantial Acquisitions: Judges will also disclose any substantial acquisitions made during their tenure.
• Inclusivity of Family Assets: Declarations will include assets and liabilities of spouses and dependent family members.

Legal Framework for Asset Disclosure

Under the Lokpal Act, public servants, including politicians and government officials, are required to declare their assets publicly. However, judges have historically been exempt from this requirement, leading to calls for greater accountability. This new policy marks a significant step towards aligning judicial practices with broader governance norms.

Broader Implications for High Courts

The move by the Supreme Court may set a precedent for High Courts across the country. Currently, only a small fraction of High Court judges have publicly declared their assets, with most citing privacy concerns or resistance to transparency measures. The pressure to follow the Supreme Court's lead could lead to more widespread asset disclosure among High Court judges.

Status of Asset Disclosure in High Courts:

• Delhi High Court: Seven judges out of 39 have declared their assets.
• Punjab & Haryana High Court: Twenty-nine judges out of 53 have disclosed their assets.
• Madras High Court: Five judges out of 65 have made public declarations.
• Kerala High Court: Three judges out of 44 have shared their asset details.
• Himachal Pradesh High Court: Three judges out of 12 have disclosed their assets.
• Chhattisgarh High Court: One judge out of 50 has declared assets.
• Karnataka High Court: Only one judge out of 50 has shared their details.

Future Prospects and Challenges

While this step towards transparency is welcomed, challenges remain in implementing and maintaining a transparent asset disclosure system. The voluntary nature of publishing these assets on the website means that some judges might not make their declarations public, potentially undermining the effectiveness of this initiative.

Potential Challenges:

• Implementation and Monitoring: Ensuring that all judges adhere to the new policy and regularly update their asset declarations will require robust systems.
• Privacy Concerns: Balancing transparency with privacy rights of judges and their families could pose legal and ethical challenges.
• Public Perception: The success of this measure will depend on how the public perceives these disclosures, especially if not all judges opt to make their declarations public.

Conclusion

The decision by the Supreme Court judges to publicly declare their assets marks a significant shift in judicial transparency and accountability. As the judiciary seeks to restore public trust, this move aligns with broader governance reforms aimed at ensuring integrity and openness in public institutions.