Sunday, March 30, 2025

Asset Declaration Norms for Judges

INSIGHTS IAS: New Delhi: Sunday, March 30, 2025.
Context: Discovery of unaccounted cash at Delhi High Court judge Yashwant Varma’s residence has renewed debate on mandatory disclosure of judges’ assets.
About Asset Declaration Norms for Judges:

  • Restatement of Values of Judicial Life (1997)
  • Judges must declare all movable and immovable assets (in their name, spouse’s or dependents’) to the Chief Justice.
  • It does not mandate public disclosure.
  • Supreme Court Resolution (2009)
  • Judges’ asset disclosures were made voluntarily available on the Supreme Court’s website.
  • No statutory compulsion; updates have ceased since 2018.
  • RTI Act Interpretation (2019)
  • Supreme Court ruled that judges’ asset details do not constitute personal information, bringing them within the RTI ambit.
  • Judicial Standards and Accountability Bill, 2010
  • Proposed mandatory public declaration of assets by judges.
  • Bill lapsed with the dissolution of the 15th Lok Sabha; never reintroduced.
  • Parliamentary Committee Recommendation (2023)
  • Urged the introduction of legislation to ensure mandatory disclosures by SC and HC judges.
  • Awaiting legislative action.
About Asset Declaration by Public Officials:
  • RTI Act, 2005
  • Promotes transparency; citizens can access details of public servants’ assets via RTI applications.
  • All India Services (Conduct) Rules, 1968
  • Rule 16(1): Mandatory annual declaration of assets and liabilities to the cadre-controlling authority.
  • Political Candidates & MPs/MLAs
  • Based on SC ruling (2002), mandatory disclosure at the time of nomination.
  • Submitted to Speaker (Lok Sabha) or Chairperson (Rajya Sabha); publicly accessible.
  • Union Ministers & Bureaucrats
  • Declare assets to PMO or respective state departments.
  • Information is often published online (e.g., PMO website, IAS officers list).