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Context:

The discovery of cash at the residence of Delhi High Court judge Justice Yashwant Varma has raised demand for the public disclosure of judges’ assets and liabilities.

Are judges required to disclose their assets publicly?

Judges in India are not legally required to disclose their assets publicly. Unlike other public servants, judges only disclose their assets to the Chief Justice of India (CJI) or the Chief Justice of their respective High Courts.

Public disclosure of judges’ assets remains voluntary, and most judges have chosen not to make this information public.

Norms regarding the disclosure of judges’ assets

In 1997, the Supreme Court adopted a resolution declaring that every judge must declare their assets to the CJI -> This resolution did not mandate public disclosure.

In 2009, the Supreme Court decided to publish these declarations on its website voluntarily -> the website has not been updated since 2018, and only a list of judges who submitted declarations is available—not the actual details of their assets.

Accessing information

Under the law and Service codes -> Public servants (like bureaucrats and ministers) must declare their assets annually -> accessible to citizens through RTI applications. For example:

• Union Ministers submit their declarations to the Prime Minister’s Office, and these are available online.
• Members of Parliament submit declarations to the Speaker or House Chairperson, and citizens can access them via RTI.
• Election candidates must publicly declare their assets during the nomination process due to a 2002 Supreme Court order.

However, the judiciary remains exempt from mandatory public disclosure, limiting the RTI Act’s applicability to judges’ assets.

Source:

INDIAN EXPRESS

https://t.me/+hJqMV1O0se03Njk9