Union Government Planning Rules For Annual Declaration Of Assets By Judges

The Union government is contemplating the formulation of Rules under the High Court Judges Act, 1954, and the Supreme Court Judges Act, 1958, to establish a procedure for the annual declaration of assets by judges, as disclosed in the 'action-taken report' of the Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice.

The report emphasized the necessity for judges to disclose their assets and liabilities annually, echoing the standard practice for constitutional functionaries and government servants. It underscored that individuals holding public office, drawing salaries from the exchequer, should mandatorily furnish annual returns of their property.

In line with the committee's recommendations, the Department proposed to frame Rules under the aforementioned Acts to stipulate statutory provisions for the declaration of assets by judges of the Supreme Court and High Courts, both upon initial appointment and annually thereafter.

The Report mentioned, “As a general practice, all constitutional functionaries and government servants must file annual returns of their assets and liabilities. The Supreme Court has gone to the extent of holding that the public has a right to know the assets of those standing for elections as MPs or MLAs.”

“When so, it belies logic that Judges don't need to disclose their assets and liabilities. Anybody holding public office and drawing a salary from the exchequer should mandatorily furnish annual returns of their property,” it added.

The Committee has recommended the Government to bring about appropriate legislation to make it mandatory for Judges of the higher judiciary (Supreme Court and High Courts) to furnish their property returns on an annual basis to the appropriate authority.

Based on the recommendations made by the Parliamentary Standing Committee, the Department proposed to frame Rules under the High Court Judges Act, 1954 and Supreme Court Judges Act, 1958 to lay down a procedure for making statutory provisions in the Rules for Declaration of Assets by the Judges of the Supreme Court and High Court Judges on their initial appointment and thereafter every year by the due date.

Consultation with the Registry of the Supreme Court has since been initiated, soliciting their views in the matter. Their response, however, is awaited.

The Committee has further observed that the Department may fastrack the consultation process with the Registry of the Supreme Court for making statutory provisions in the Rules for Declaration of Assets by the Judges of the Supreme Court and High Court Judges on their initial appointment and apprise the Committee of the same.

Notably, as per the Supreme Court Judges (Salaries and Conditions of Services) Act, 1958 and the High Court Judges (Salaries and Conditions of Services) Act, 1954 and rules framed thereunder, there is no provision to declare assets by Judges of Supreme Court and High Courts.

Earlier, the Department of Justice had prepared a comprehensive Bill called "The Judicial Standards and Accountability Bill", with the aim to achieve the objectives of creating a statutory mechanism for enquiring into individual complaints against Judges of the High Courts and Supreme Court and recommending appropriate action, enabling declaration of assets and liabilities of Judges and laying down judicial standards to be followed by Judges. This Bill intended to replace the Judges Inquiry Act 1968 while retaining its basic features.

However, on dissolution of 15th Lok Sabha, the Bill lapsed and was not presented thereafter.

Pointedly, a Full Court in its meeting dated 08.09.2009 resolved to put the declaration of assets in the Supreme Court website on or before 31.10.2009, which was purely on a voluntary basis.

Presently, the website of the Supreme Court shows that 55 number of Judges have so far uploaded their Assets Declaration with last updation done on 31st March, 2018. The 'Restatement of Values of Judicial Life' does not have any legal authority for its enforcement.

According to the report, presently only five High Courts have data on their website related to the declaration of assets by a few Judges of concerned High Courts.