Judicial Transparency : Ensuring Accountability in the Higher Judiciary

Context

The Supreme Court of India, in a recent full court meeting, has resolved that its judges will soon begin publicly disclosing their assets and liabilities. This development is seen as a move to enhance judicial transparency and accountability, aligning with broader standards applicable to other public officials.

Judicial Asset Disclosure: Past to Present

Supreme Court Judges

• In 1997, a resolution was adopted requiring judges of the SC to disclose assets only to the Chief Justice of India (CJI).

• This includes real estate and financial investments in the name of the judge, spouse, or dependents.

• In 2009, the full bench resolved to make asset declarations voluntarily available on the SC website.

• In 2019, the SC held that judges' asset declarations are not ‘personal information’, opening scope for wider public access.

• In the latest resolution (2024), the SC has agreed to publicly disclose asset declarations, marking a shift from internal to external transparency.

High Court Judges

• India has around 770 High Court judges, but only 97 judges (13%) have made their assets public.

• Many High Courts have resisted public disclosure, citing concerns over independence and privacy.

  • In 2012, the Uttarakhand High Court strongly objected to bringing judicial asset disclosure under the Right to Information Act.

• In 2023, a Parliamentary Committee on Law and Justice recommended legislation to mandate asset disclosures by SC and HC judges.

Challenges in Implementation

• Incomplete disclosures – The SC website lists only 28 out of 33 judges as having submitted declarations, with no public access to actual details.

• Lack of archival access – Asset disclosures of former judges have been removed from the website.

• No legal binding – Disclosures are still made voluntarily, without any mandatory legal framework.

• Institutional resistance – Some courts oppose making disclosures subject to RTI or public scrutiny.

Asset Disclosure by Other Public Officials

Public Servants

• Must annually declare assets to cadre-controlling authorities under service rules.

• Information may be accessed under the RTI Act, 2005.

State Bureaucrats

• States like Gujarat, Kerala, and Madhya Pradesh require asset disclosure from bureaucrats.

Ministers

• Since UPA-II (2009–2014), Union Ministers (including PM) submit asset declarations to the PMO.

• Several state governments follow this practice.

MPs and MLAs

• Lok Sabha MPs declare assets to the Speaker; Rajya Sabha MPs to the Chairperson.

• Declarations are available through RTI or published online.

Election Candidates

• As per a 2002 Supreme Court ruling, candidates must disclose:

  • Assets and liabilities

  • Criminal cases

  • Educational background

• This is a mandatory and public process at the time of filing nominations.

Conclusion

Judicial transparency is essential in a democracy. The Supreme Court’s move to publicly disclose judges’ assets is a significant step toward building public trust, aligning the judiciary with the standards set for other public institutions. For lasting impact, it is essential to:

• Enact uniform legislation for both SC and HC judges.

• Ensure regular, comprehensive, and accessible disclosures.

• Strengthen institutional accountability without compromising judicial independence.