Step towards Judicial Transparency

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Context

The Supreme Court of India has published asset declarations of its sitting judges on its official website. This step comes in response to recent controversies such as the seizure of unaccounted cash from the residence of a Delhi High Court judge, highlighting the urgent need for transparency and accountability within the judiciary.

Systemic Transparency Measures

Asset Declarations as a Reform Tool: The SC’s initiative to publish judges’ asset details, including those of spouses and joint family members, aims to reinforce public trust and institutional integrity.
Response to Public Pressure and Controversy: The move comes after the embarrassment caused by a corruption scandal involving Justice Yashwant Varma, and amid criticism of judicial opacity by Vice President Jagdeep Dhankhar.
Collegium Transparency Enhanced: Alongside asset disclosures, the Supreme Court has also begun uploading detailed notes on judicial appointments, increasing transparency in the Collegium system.

Historical and Institutional Context

Unfulfilled Earlier Attempts: Judicial asset declaration initiatives were first attempted in 1997 and 2009, but saw poor voluntary compliance from judges, reflecting systemic reluctance.
Recommendations for Legislative Backing: The 2023 Parliamentary Committee report recommended mandatory annual asset returns for Supreme Court and High Court judges and creation of legal frameworks for disclosure.
NJAC and the Institutional Autonomy Debate: The NJAC Act of 2014, which had Parliament’s support, was struck down in 2015, reigniting debates about the balance between transparency and judicial independence.

Accountability Challenges and the Road Ahead

Lack of Legal Mandate: As of now, asset disclosure remains voluntary, making it dependent on judicial will rather than enforceable obligation, thus limiting its effectiveness.
Public Faith and Institutional Legitimacy: Transparent disclosures serve as a deterrent to corruption and restore public confidence in the judiciary, especially in light of recent misconduct cases.
Need for Comprehensive Reform: Beyond asset declarations, broader judicial reforms must address opaque appointments, disciplinary processes, and ethical codes to institutionalise accountability.

Practice Question

Q. Transparency in judicial conduct is fundamental to preserving the legitimacy of the judiciary in a constitutional democracy. In light of recent events and the Supreme Court’s decision to publish judges’ asset declarations, critically examine the need for institutionalised mechanisms to ensure judicial accountability.

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