IAS/UPSC Coaching Institute  

Editorial 2 : Well Judged

Context: Supreme Court’s decision to make judges’ assets public.    

 

Introduction: The Supreme Court (SC) unanimously resolved to publicly disclose judges’ assets in a full court meeting on April 1. The decision prioritizes transparency and openness and comes amid allegations of financial misconduct against sitting judges.

 

Historical Context

  • 1997 Code of Ethics
    • The SC first resolved to publicly disclose judges’ assets through the Restatement of Values of Judicial Life.
    • Objective: To uphold ethical standards and public trust in the judiciary.
  • 2009 Delhi High Court Ruling
    • Delhi HC upheld disclosure of judges’ assets under the Right to Information (RTI) Act.
    • Key Argument: Judges must adhere to the standards they enforce.
  • 2015 NJAC Judgement: The Supreme Court struck down the National Judicial Appointments Commission (NJAC) but acknowledged the need for judicial accountability mechanisms.

 

Current Challenges in Judicial Accountability

  • Recent Controversies
    • Justice Yashwant Varma (Delhi HC): Allegations of unaccounted cash found at his official residence.
    • Justice Shekhar Yadav (Allahabad HC): Accusations of partisan bias and prejudice.
  • Institutional Limitations
    • Impeachment Process: Constitutionally mandated but requires political consensus, making it impractical.
    • In-House Inquiries: Sole discretion of the Chief Justice of India (CJI), whose tenure is increasingly short.
    • Informal Solutions like transfers or withdrawal of judicial work are criticized as inadequate and non-transparent.

 

Way Forward

  • Need for Framework
    • Internal Mechanisms: Accountability must originate within the judiciary to preserve independence.
    • Public Trust: Asset declaration is a step forward, but broader reforms are needed.
  • Recommendations
    • Formalize in-house inquiry processes to ensure impartiality.
    • Develop transparent criteria for judicial transfers and appointments.
    • Strengthen ethical guidelines and enforce compliance.

 

Conclusion: While the Supreme Court’s move to disclose assets is commendable, sustained efforts are required to institutionalize accountability without compromising judicial autonomy. The judiciary’s credibility hinges on balancing transparency with independence.