The Centre is currently working on a proposal to mandate all judges of the Supreme Court and high courts to declare their assets annually.
This move comes in response to an action-taken report submitted to the Rajya Sabha by a Parliament standing committee, which was reviewing the implementation of its 133rd report titled “Judicial Processes and Their Reforms.”
Chaired by BJP MP Sushil Kumar Modi, the committee sought the Department of Justice’s response on various issues regarding the judiciary, including mandatory asset disclosure. In its response, the department informed the committee of the government’s intention to establish rules requiring judges to declare their assets. The proposed rules would be framed under the High Court Judges Act, 1954, and the Supreme Court Judges Act, 1958, mandating judges to disclose their assets upon initial appointment and annually thereafter.
However, this proposal is pending finalization as the government is currently in consultation with the Supreme Court registry to gather its views on the matter.
The committee emphasized the importance of judges disclosing their assets, highlighting the Supreme Court’s stance on the public’s right to know the assets of political candidates. The committee reasoned that judges, as holders of public office paid from public funds, should similarly disclose their property to enhance trust and credibility in the judiciary.
Currently, judges are not obligated to declare their assets, although there have been previous efforts to encourage such disclosure. The Supreme Court adopted a resolution in 1997, known as “The Restatement of Values of Judicial Life,” which made it mandatory for judges to declare their assets at the time of appointment and annually thereafter. Subsequently, in 2009, the full bench of the Supreme Court decided to disclose judges’ assets on the court website, but this declaration remained voluntary.
The committee has urged the Department of Justice to expedite consultations with the Supreme Court registry on this matter.
Additionally, the Centre has requested “class/category wise data of serving judges in the Supreme Court and high courts” following the committee’s recommendation for greater social diversity and representation of marginalized groups, women, and minorities within the judiciary.
Based on data provided from October 31, 2022, to November 8, 2023, the department informed the committee that out of 141 judges appointed during that period, there were 5 from scheduled castes, 5 from scheduled tribes, 20 from other backward classes (OBC), 8 from minority communities, and 22 women. The remaining 81 belonged to the unreserved category.
The committee observed that the representation of marginalized groups in the higher judiciary falls below desired levels, indicating a “diversity deficit” that needs to be addressed. It urged for the expedited collection of data from the judiciary to further examine this issue.
