It is a matter of satisfaction that the pressure of democratic public opinion has made the highest court in the land do the right thing: decide, 'in principle,' to disclose the assets of Supreme Court judges on the court's official website. The opposition within sections of the higher judiciary to mandatory public disclosure of judges' assets – a measure to promote judicial transparency and check judicial corruption – threatened to weaken public confidence in the judicial system. Although Chief Justice of India K.G. Balakrishnan declared that High Court judges were free voluntarily to declare their assets and that a consensus on the issue was being evolved in the Supreme Court, his reservations about mandatory public disclosure were hardly a secret. Even something as innocuous as a Central Information Commission order asking whether Supreme Court and High Court judges were declaring their assets to their Chief Justices in accordance with the judicial code of conduct was stonewalled. The Supreme Court took the unprecedented step of challenging the CIC's order in the Delhi High Court. It was such resistance to assets disclosure that led the central government to introduce the Judges (Declaration of Assets and Liabilities) Bill in Parliament with a self-defeating clause. Fortunately, politicians cutting across party lines forced the Bill's withdrawal after objecting to Clause 6, which stated that any declaration by a judge to his or her Chief Justice would not be public and that no judge would be subject to “any query or inquiry” in relation to its contents. Is a Bill necessary now? The answer is yes because what the Supreme Court judges have decided on is voluntary public disclosure of assets. If some members of the higher judiciary hold out, what can be the remedy other than a uniform law?
Mandatory public disclosure of judges' assets is not a radical idea. In the United States, the Ethics in Government Act 1978 makes it mandatory for certain classes of federal officials — including federal judges — to make public financial disclosures. The Act reformed a disclosure system for federal officials that used to be based on internal reporting within each agency or department. Many other countries, including Sri Lanka, require judges to make periodic declarations of their assets. Two High Court judges have already made voluntary disclosures, one of them in response to a letter urging such disclosure by the Campaign for Judicial Accountability and Judicial Reform, a public-spirited organisation that has done sustained work on such issues. Many judges who have nothing to hide evidently feel inhibited by the absence of a framework that mandates the accurate and public disclosure of assets. The judiciary that endorsed the Election Commission's bid to introduce transparency and accountability and mandate the public declaration of assets of candidates to elected office cannot apply a different standard to its own functioning. Now that the Supreme Court judges have decided to do the wise thing, High Court judges must waste no time in following their lead.
I do not agree with you when you say that 'democratic public opinion has made the highest court in the land to decide to declare public assets on websites'. What is this so-called 'democratic public opinion'. It is nothing but what is created by media hype, and false campaigns against judges by the opposition parties. Even the ruling party which has got the mandate of the people of this country cannot get a word in. It is all created by the media and the opposition. It has nothing to do with the common man. It is all a ploy to mislead the ignorant common man.
The judiciary is the only hope of the common man. Whatever little solace we get, we get it from the judiciary, what with the corrupt politicians and administrators. Why are you mercilessly hounding the judiciary. Is this your press freedom. Does it give you any right to constantly malign and attack judges.
Why don't you use your energies to trap corrupt politicians. The corrupt politicians have no business to ask the judges to declare their assets. They are trying to mislead the public by trying to make out that judges are corrupt. Who approaches the judges for undue favours. It is the politicians and the corrupt lawyers. And nobody insists on a code of conduct for the politicians or for the lawyers. What is one going to gain by insisting that judges should declare assets. It will provide more material for mischief makers. Corrupt politicians and criminals will use these details to harass judges to bring them around. While stating that judges in Sri Lanka and U.S.A are obliged by law to declare assets, you have left out one important detail. In both these countries there is parallel legislation that ensure the confidentiality of personal information including details of assets of judges to protect them from unwarranted attacks.
Declaring assets will not only maintain the transparency of Indian judicial system, but also will reinforce the faith of people in the judiciary. Let's regain the lost glory.
Under sustained public pressure and an emerging wider concern for transparent and corruption-free governance, including the judiciary, the Supreme Court decision, belated though it may be, to make public declaration of income and assets of the judges on the official website of the SC is to be welcomed. Ideally this mandatory disclosure of the judges' assets ought to be also subject to the provisions of the RTI Act.
This voluntary declaration should not end up as a drama enacted in connivance since without there being a proper law requiring it, non-compliance or false declaration will not attract any consequences. Irrespective of self-declaration of assets, a proper law is necessary to make it mandatory to periodically submit such declarations.
Hail Justice Shailendra Kumar. He must be appreciated for setting such a tremendous precedent. It is such events that can bring about unseen changes. By volunteering to declare assets the Apex Court has indeed proved to be the Apex Judicial body of the land. This should not end up being a mere judicial affair and the civil servants and other Government officials must come forward or be brought under a law to declare their assets.
You have rightly said in your editorial that, "the Supreme Court judges have decided to do the wise thing, High Court judges must waste no time in following their lead". The High court judges too follow suit. Declaration of assets by the judges periodically will go a long was in arresting corruption in the Judiciary. So too the declaration of the assets should be made mandatory for the members of the political class. This will also help to curb corruption in the corridors of power.
It is pertinent to mention the Tamil Poet Thiruvalluvar's 'kural'. The most sought-after wealth is, learning. All other, including kith and kin, parents, movable and immovable properties, one's karma, are perishable. Hats off to the new law.
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