Transparency and accountability in the judiciary

Context

All 33 judges of the Supreme Court have decided to publicly declare their assets following a cash controversy at the residence of a former Delhi High Court judge. This will promote transparency in the judiciary and help strengthen public confidence.

About declaration of assets by judges

• On May 7, 1997, under the leadership of the then Chief Justice of the Supreme Court, J.S. Verma, all the judges of the Supreme Court took a collective resolution to make voluntary declaration of assets.
  • According to this resolution, every judge will have to declare all the assets held in the form of immovable property or investment in his name, in the name of his spouse or any other person dependent on him before the Chief Justice.
  • However, this declaration will not have to be made publicly but confidentially before the Chief Justice of India.
• In October 2009, the Supreme Court resolved that all the judges will voluntarily make public the details of their assets through the website.

Declaration of assets

Since 2018, the asset declaration made before the Chief Justice has not been shared publicly, citing privacy concerns. As of March 2025, only 97 (13%) of the total 770 judges of all the High Courts in the country have publicly declared assets.

Demand for reform

• The Law Commission, in its 230th report of the year 2009, had expressed serious concern over corruption in the judiciary and demanded reform.
• The Parliamentary Committee of the Ministry of Law and Justice, headed by the late Sushil Kumar Modi, had recommended changes in the law to make the declaration of assets of judges mandatory.

Comparison with other civil servants

• Rule 16(1) of the All India Services (Conduct) Rules, 1968 requires public servants to make an annual declaration of their assets.
• Disclosure of assets has been made compulsory for political candidates during elections.
• MPs/MLAs are required to submit a declaration of their assets and liabilities to the Speaker (Lok Sabha) or Chairman (Rajya Sabha).
• Union Ministers are required to declare their assets to the Prime Minister's Office, which is published online.

About the Code of Conduct of Judges

• On May 7, 1997, the Supreme Court in its full court meeting adopted a document called 'Restatement of Values ​​of Judicial Life, 1997'.
• This document discusses how judges should conduct themselves while discharging their official duties.

Key Points of Code of Conduct

• Judges should avoid actions that tend to diminish public confidence in the higher judiciary as 'justice must not only be done but must also be seen to be done'.
• Should not participate in elections or hold any office in clubs, societies and associations.
• Should avoid close association with individual members of the bar and should not appear before a judge in court if any immediate or close family member is a member of the bar.
• Such family members should not be allowed to use the judge's residence for professional work.
• Should not participate in the hearing and decision of cases in which a family member or friend is involved.
• Should not express views publicly on political matters that arise for judicial decision.
• Should speak his own judgments and should not give interviews to the media.
• Should not accept gifts or hospitality from anyone except family and friends.
• Should not hear and decide cases related to a company in which the judge has shares.
• Should not speculate in shares, stocks or the like.
• Should not engage 'directly or indirectly' in any trade or business.
• Should not seek any financial advantage connected with his position.
• Should keep in mind that he is under public scrutiny and should avoid actions inappropriate to the high office he holds.