Bring Legislation To Make Mandatory For Supreme Court, High Court Judges To Furnish Property Returns: Parliamentary Committee Recommends To Govt

The recent Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in the 133rd report on “Judicial Process and Reforms” has recommended that the government should bring appropriate legislation to make it mandatory for Judges of the Supreme Court and High Courts to furnish their property returns on an annual basis to the appropriate authority.

“Declaration of assets by the Judges of the Higher Judiciary will only bring more trust and credibility into the system. As the last resolution of the Supreme Court on the declaration of assets by Judges on a voluntary basis is not complied with, the Committee recommends 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,” said the Committee.

The Committee noted that 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 the Supreme Court and High Courts.

In 2009, the Full Bench in its meeting decided to disclose the statement of assets submitted by Judges on the basis of Resolution passed in 1997, to the public by putting it on the Supreme Court website on a voluntary basis, it noted further.

However, the Committee pointed out that till date, the website of the Supreme Court contains data with respect to 55 of former Chief Justices of India and Judges of the Supreme Court, with the last updation as on 31st March, 2018.

So far High Courts are concerned, presently only five High Courts have data on their website related to the declaration of assets by a few Judges of concerned High Courts, it added.

It further stated that according to the Government, “for the Judges of the Supreme Court of India and High Courts, there is a need to institutionalize the mechanism for regular filing of assets and uploading them in the public domain.”

As a general practice, all constitutional functionaries and government servants must file annual returns of their assets and liabilities, the Committee said.

“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,” the committee stated.

During the deliberations of the Committee on this issue MP P. Wilson, Member of the Committee has opined:

"Judges of constitutional courts routinely review and interfere with legislation, government policies and even award of tenders etc. by governments. While so, to ensure transparency and accountability it is the need of the hour to ensure that Judges are transparent about their assets and any disproportionate change they’re on.”