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Only 13% of High Court judges have declared their assets so far, with most disclosures coming from the Kerala, Punjab and Haryana, and Delhi High Courts
The Supreme Court in 2009 encouraged judges to voluntarily publish their asset details on its website. (Representative/Shutterstock)
A year ago, information obtained under the Right to Information Act revealed that only 13 percent of High Court judges in India have declared their assets. As of March 2025, there are 34 judges in the Supreme Court, including the Chief Justice, and about 1,100 judges in the High Courts. Out of these, only 98 judges have publicly disclosed their assets, primarily from the Kerala, Punjab-Haryana, and Delhi High Courts.
The issue of asset disclosure gained attention after a significant amount of cash was allegedly discovered at the residence of Delhi High Court judge Yashwant Verma. This incident sparked questions about whether there is a code of conduct for judges regarding asset disclosure.
The Allahabad and Bombay High Courts have earlier stated that asset declaration is not classified as “information” under the Right To Information Act, 2005. The Gujarat High Court has also argued that there is no public interest in revealing judges’ personal information, while the Andhra Pradesh and Telangana High Courts deemed asset declarations confidential and unsuitable for online publication.
What Are The Provisions For Declaration Of Assets By Judges
The All India Services (Conduct) Rules, 1968, which aligns judges’ salaries with those of civil servants, particularly government secretaries, require every service member to submit a statement of assets and liabilities.
In 1997, the Supreme Court adopted norms requiring judges to declare all assets before the Chief Justice, including immovable property and investments in their names, their spouses’ names, or dependents’ names. However, this norm was not enforced.
In 2009, the Supreme Court resolved to publish judges’ asset declarations on its official website voluntarily. The Delhi High Court also passed a resolution in the same year, agreeing to make judges’ assets public. Despite these measures, most judges have not voluntarily declared their assets, which could have set a precedent for transparency.
What Has The Parliament Said About This
The Parliamentary Committee on Personnel, Public Grievances, and Law and Justice recommended legislation to mandate the declaration of judges’ assets. The Judicial Standards and Accountability Bill, 2010, which included mandatory asset declaration, was repealed after the dissolution of the 15th Lok Sabha and was not reintroduced.
In August 2023, a parliamentary standing committee report titled ‘Judicial Processes and their Reforms’ recommended a law requiring Supreme Court and High Court judges to submit annual asset returns and establishing clear protocols for asset declaration.
In 2014, the government attempted to establish the National Judicial Appointments Commission (NJAC) to increase transparency and accountability in judicial appointments, but the Supreme Court declared it unconstitutional in 2015, maintaining the collegium system.
Why Should Judges Declare Their Assets
The necessity of asset declaration by judges is tied to public trust and accountability. Judges review decisions on laws, government policies, and tenders, making transparency in their assets crucial. Just as ministers involved in tenders must disclose their assets, judges overseeing these decisions should do the same to bolster public confidence in the judiciary.
What Has The Supreme Court Said About Declaration Of Assets
The Supreme Court has ruled that the office of the Chief Justice of India is a ‘public authority’ under the RTI Act, 2005, and subject to its provisions. To promote transparency, the Supreme Court in 2009 encouraged judges to voluntarily publish their asset details on its website. However, there is no mandatory rule for this disclosure.
What Are The Norms Followed By Other Countries
In the United States, the Ethics Act of 1978 requires federal judges to disclose their income sources and amounts, as well as gifts exceeding a certain value.
South Korea’s Public Service Ethics Act, 1993, mandates high-ranking public officials, including judges, to disclose real estate, intangible assets, and non-public business shares.
The Philippines’ Anti-Graft and Corrupt Practices Act, 1960, requires public officials to declare their assets.
In Russia, anti-corruption laws mandate asset and income control for judges and their family members.
What Is The Most Common Argument Against Asset Disclosure By Judges
In India, the argument against asset investigation or disclosure is that it may compromise judicial independence, leading to reluctance in applying strict rules.
Has Any Judge Been Impeached
No judge in India has been successfully impeached for corruption or misconduct. Proceedings were initiated against Justice V. Ramaswami in 1993, but failed.
There have been cases of alleged judicial misconduct. According to reports Justice Soumitra Sen of the Calcutta High Court faced financial irregularities charges in 2011 and resigned before the Lok Sabha could pass an impeachment motion.
Reports indicate that Justice P.D. Dhinakaran and Justice Dilip B. Bhosale also resigned following corruption allegations.