According to our constitution the law is same for everyone and we are all equals. But you and me know better than that and I guess it is not entirely so in practice. Some privileged lot is more equal than the others. The current debate between a section of judiciary on one hand and the legislature and the general public on the other is a pointer to this fact wherein no less a person than the Chief Justice Of India Mr KG Balakrishnan has indicated that he is not keen on this. Although he possibly cannot say anything publicly about his position but all the vague statements that he has made so far seem to suggest that he does not want judges to come under the ambit of any law wherein they have to declare their assets. In fact when one of the judges of a High Court volunteered to declare his assets the CGI has even gone to the extent of calling this judge ‘a publicity seeker’.

Isn't the law same for all of us?

It all started off in February 2009 when the Campaign for Judicial Accountability and Reform (CJAR) issued an Open Letter to Judges of all the High Courts and the Supreme Court to publicly declare their assets. In this letter they suggested that judges of High Court and Supreme Court should voluntarily declare their assets. Here is the relevant extract.

“By doing so, they would be setting an example of transparency in the country which would then be emulated by other public servants in the country. Such voluntary disclosure of assets by Judges (without resort to the RTI Act) would be applauded as an act of statesmanship by the people of this country, at a time when people have become cynical about the integrity of public servants. It would greatly advance the cause of transparency and probity in public life which is the basis of the Supreme Courts judgments.”

As you guys would be aware that the govt did plan to introduce a bill in Parliament wherein the judges would be bound to declare their assets but it was scuttled at the last minute because the judiciary (read CJI) did not want such information to be available in public domain. Pertinent to mention here that people like ex-CJI of India Mr JS Verma, Soli Sorabjee and Fali S Nariman have all endorsed this demand for declaration. As for us, we all have heard so many cases of corruption amongst the judiciary that we now more or less demand that judges declare their assets. But there are quite a few people like Justice K Kannan of Punjab and Haryana High Court who have put forward their arguments against this disclosure. These are-

1. The judges of Supreme Court are already declaring their assets to CJI. The judges of High Court can also do the same. If the CJI is satisfied with this arrangement, asking for these details to be available to public in general is like saying that CJI is not doing his job.

2. What do you do after getting the details? Should a judge be answering everyone how he has got the wealth that he has declared? Imagine a judge inquiring into allegations of disproportionate wealth case of a bureaucrat. In the course of the proceedings, what if the litigant asks the judge, ‘how did you obtain your wealth, before asking me to explain my riches?’

3. A corrupt judge will never really disclose his ill-gotten wealth. Instead it may give an opportunity to certain aggrieved people to be vindictive against an honest judge.

Well, perfectly valid arguments I’d say. But is it enough? I don’t think so. Here are a few more arguments in favor of the disclosure which have not been talked of so far.

1. If they declare their assets the judges can be held accountable for disproportionate income even long after they have retired implying that if a judge does one act of corruption he can be prosecuted at any time in his life, if that act ever comes to light.

2. It would be like impinging upon the powers of CJI who currently enjoys this priviledge of asking for these details.

3. The CJI himself will also come under this ambit unlike it is now (no offence meant to the CJI).

Frankly, non disclosure of the assets is a reflection of our colonial mindset wherein the Judiciary was considered above board. They could do no wrong. But in recent times given the number of cases of impropriety that have come to light it is now a need of the hour that judges be made accountable for their actions and their assets. Union Law and Justice minister Veerappa Moily has said that he is looking into the matter and plans to introduce another ’suitable’ bill in the next session of Parliament. Well, I’ll reserve my comments till such time I see that bill but I really hope he does justice to the word ’suitable’.

Well, those are my views. What are yours? Do you feel that in todays time it is okay to keep the judges above this law or should they be treated like all the other public servants? Tell me. I’m waiting………………Sush Jaitly

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Posted on August 25th, 2009 India calling • Tags: assets, court, declare, judge, law, RTI, vindictive, wealth. • RSS 2.0 feed • Leave a response, or trackback