Context:

Recently, in a full court meeting, it was unanimously decided that all sitting judges of the Supreme Court will publicly declare their assets.

More on the news

• This comes after a recent discovery of cash in Delhi High Court judges residence.
• However, it was clarified that placing the declaration of assets on the Supreme Court website will be on a voluntary basis.
• The declaration made to the Chief Justice of India is likely to be uploaded on the Supreme Court website.

Current Scenario

Unlike government officials and politicians, judges are currently not bound to make this information public.

In 1997, the Supreme Court adopted a resolution that judges would declare their assets to the Chief Justice.

• This was not a call for public disclosure of the assets of judges but only a disclosure to the Chief Justice.

In 2009, SC resolved to declare the assets of judges on the court’s website, on a voluntary basis. 

However, the declaration of assets hadn’t been updated since 2018. No declarations submitted by the current judges are available.

In 2019, the SC ruled against itself and held that judges’ personal assets and liabilities are not “personal information.”

• This was done in a 2009 case, when Right to Information (RTI) activist Subhash Chandra Agarwal filed an application under the RTI Act to determine whether SC judges had indeed declared their assets to the CJI, as per 1997 resolution.

As of March 1^st, this year, out of 770 judges in all High Courts, only 97 judges have publicly declared their assets and liabilities which is fewer than 13% of all High Court judges.

In 2012, the Uttarakhand High Court passed a resolution stating that it “strongly objects to bring disclosure of assets by Judges under the purview of Right to Information Act”.

Parliament’s Committee on Personnel, Public Grievances, and Law and Justice had recommended in 2023 that legislation should be brought to ensure the mandatory disclosure of assets and liabilities of judges of the Supreme Court and High Courts. 

• But there has been no progress on the above recommendation yet.