Judicial Assets Go Public

In a landmark decision, the Supreme Court of India has declared that all judges, including the Chief Justice, will now publicly disclose their judicial assets. This step follows a recent controversy involving a Delhi High Court judge found with a large amount of unaccounted cash, which has intensified calls for greater transparency within the judiciary. Until now, there was no mandatory requirement for judges to reveal their financial holdings. This new policy signals a significant shift toward openness and accountability in the management and declaration of judicial assets.

Pushing for Greater Judicial Transparency

The demand for judicial accountability is not new. It gained traction with the adoption of the 1997 Restatement of Values of Judicial Life, a key document that laid down ethical standards for judges. This framework was designed to protect the integrity of the judicial system and ensure that justice isn’t just done but is clearly seen to be done.

Ethical Ground Rules for Judges

The Restatement outlines 16 guiding principles for judicial conduct. These include maintaining impartiality, avoiding any conflicts of interest, and refraining from political activity or commentary. Judges are expected to uphold public trust by steering clear of actions that could compromise their neutrality—especially when family members are part of the legal profession.

Judicial Assets Disclosure: From Private to Public

Traditionally, judges were only required to submit asset details confidentially to the Chief Justice upon taking office. That changed in 2009 when the Supreme Court opened the door to voluntary public disclosures. The shift became more significant in 2018, when a Constitution Bench ruled that judges’ asset information does not fall under the category of private data under the Right to Information (RTI) Act. This ruling further solidified the judiciary’s commitment to transparency.

Internal Mechanism for Handling Misconduct

To address allegations of misconduct, the Supreme Court has put in place an in-house inquiry system. This mechanism provides a means to hold judges accountable without going through the complicated and rare impeachment process. It ensures that disciplinary action can be taken internally while preserving judicial independence.

Recent Shifts and Their Broader Impact

The decision to make asset declarations public marks a turning point for judicial ethics in India. It signals a response to rising public concerns over judicial integrity and alleged corruption. The Supreme Court’s resolution to strengthen the in-house inquiry process has already been used in multiple cases, demonstrating its role in real-world accountability.

Evolving Standards of Judicial Conduct

Over the years, the concept of judicial ethics has continually evolved in India. Courts have frequently revisited and refined internal procedures to meet modern challenges. These evolving norms are essential to maintaining public faith in the judiciary, ensuring that the institution remains above reproach in both appearance and action.