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Prakash Yedhula (Lawyer)     26 August 2009

Supreme Court judges to declare their assets

Supreme Court judges met on Wednesday and decided that they will go public with their assets. The two-hour-long meeting saw judges reaching a consensus on what has been a major political and legal controversy.

 

The Chief Justice of India (CJI) had earlier said that assets of judges should not be in the public domain. Politicians opposed this, pointing out that under the Right to Information Act, even the Prime Minister is not exempt from sharing these details.

 

The CJI had argued that Supreme Court judges should be made to reveal their assets to the President of India, and High Court judges could report to the chief justice.

 

A High Court judge has already declared his assets as a symbol of transparency. At least two other high court judges have publicly said they want to follow suit.

 

 

The Chief Justice of India reacted by saying that High Court judges were entitled to do this, but that at the Supreme Court level, he wanted a consensus among judges. 



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 20 Replies

Kiran Kumar (Lawyer)     26 August 2009

its a good move no doubt.

 

but unfortunately the superior judiciary in India is highly influenced by political ideologies.

 

with due respect to judiciary, in India judicial appointments do have political bearings.....however this phenomena is world wide.....but out of this reason the impartial character of Indian Judiciary can not be impugned.

 

i think in the manner the assests issue has been dealt with is really unfortunate, the legislature-judiciary conflict should not have been there.

 

wealth may not always be an index of partiality or impartiality......there are other serious issues attached with the judiciary which are required to be dealth with like the concept UNCLE JUDGES....as the Law Commission of India says.

K.C.Suresh (Advocate)     27 August 2009

The declaration, in my opinion will drag the judiciary in the hands of Politicians in due course. A very sorry state of affair. The Judges must do their job freely and fairly. When we disbileve and ditrust them what we expect from the Judiciary. Declaration of asset ans the otyhers will defenenitly create problem tthe only hope we the indians have , the judiciary.

1 Like

Shree. ( Advocate.)     27 August 2009

The declaration of assets of the judges is nothing but an interesting developmentin the history of our Constitution.It was regarded as the most powerful instrument in the world, By this act it has become picture clear that  Indian Constituion is above,including the judiciary, which this date had no bounds. It is high time that the judicial accountability of the judges is also made a rule controlled by the Constitution, answerable to every citizen of the country. Corruption which has also transgressed to judiciary can only be controlled if such an enactment is brought into force.

Rajan Salvi (Lawyer)     27 August 2009

Insan naam me majhab dhoond leta hai or bank balance me aukaat. Wrong move. In marathi there is a saying " Jakhli mut sawa lakhachi". meaning 'closed fist is worth a lakh'. I agree with the views of Kiran and Suresh.

Santosh (Lawyer)     27 August 2009

Judges should disclose about their assets.Its a good move

O. Mahalakshmi (Law practiece)     28 August 2009

Dear Honourable Advocates,

                        I am very happy to declare the Judges assets.  India is a great country, as every indian is one and all.  I think even president should also be tranferent, then why the judges should not follow that. 

                   Those who borned in India should abide by the Constitution of India.  So every person have the right to get Information about the Legislatures, Judicials and Executives.  They should be honest to People of this great Country.   But politicians are spoiling the country, very some of them saving the country. 

                  But this is the very great move.   My humble thanks to the JUDGES those who are declaring the assets.   

 

This is Mahalakshmi. Oleti.  If there are any mistakes kindly give suggestion.

 

 

G. ARAVINTHAN (Legal Consultant / Solicitor)     29 August 2009

All i want is this impact must spread to even the lower judiciary also.

Anil Agrawal (Retired)     30 August 2009

 We are easily excitable people. How on earth the declaration of assets by judges of HC and SC going to change the character of administration justice in the country? I am a very small person to understand this intellectual phenomenon? Can someone explain in concrete terms with specific terms without being verbose about constitution, largest democracy, rule of law, highest court, etc. etc. Please remember that a case is still pending for the last 175 years.

1 Like

Anil Agrawal (Retired)     02 September 2009

 Our Constitution is nothing original. It is a mixture of constitutions of America, Canada, Australia, Switzerland and of course unwritten constitution of U.K. It is a wonderful tribute to framers that it has been amended more than 100 times in a short span of 50 years and now a view is taking ground that it should be scrapped and a new constitution to take into account the changed situation and experienced gained should be framed. Except for politicians, every single Indian wans the presidential form of government. It is wonderful to say that the president will become tyrannical and parliamentary democracy allows us to become corrupt. How long shall be sign praises of the constitution that allows Mayawati to squander public money on parks, elephants and the Supreme Court says it can't do anything as representative of the people she can do what she likes as long as she does not pocket the public funds?

Adv.Aiyer VLV (Proprietor)     09 September 2009

 I would go a step further and say not only the Judges but also their relatives' assets must be declared initial year for past 10 years and then 5 years roll on basis. Similarly politicians must also do it. 

In companies we talk of insider trading, politicians have the same advantage. they buy lands before an area is denotified and then do denotification, making millions and billions.

Judges must also have accountability for reckless verdicts. there could be difference of opinion, but if  the order is against the evidence on hand or ignoring law or precedents, they are to be punished. (ignorantia jus non excusant). 

Anil Agrawal (Retired)     09 September 2009

 Please come to the point. How declaration of assets is going to solve the problem of delay in courts? 

Raman ( )     10 September 2009

Perhaps a good move after all ! Under Judges Assets Bill, failure to declare or misdeclaration of assets would be deemed misconduct. Misconduct is a ground to remove a judge.

 

 

 

But, there is also a possibility that people can misuse the information to intimidate good judges!

 

 

 

I also strongly agree with Mr Suresh on what he said. Though various provisions of the Constitution  ensure the independence of the judiciary from top to bottom level, the present system of total control vested in the executive in the matter of budgetary allocation to the judiciary matters. If such is the case then how a judge feel independent of the executive ? If sufficient salaries are not paid to the members of the judiciary which occupies a pivotal position in the Constitution, that would definitely deteriorate their dignity and confidence! 

 

 

 

In my opinion, there could have been done more exercise of thought in regards to the independent powers of judiciary and its financial hurdles!

 

 

 

I am curious to see how, when & who has poked this issue at first? Please share your thoughts if possible ...

Adv.Aiyer VLV (Proprietor)     11 September 2009

 Mr. Agarwal

The topic in this forum is on declaration of asset. 

your point on dealy will be addressed if accountability of judges (2nd part of my reply) is brought in. Also view my topic below

https://www.lawyersclubindia.com/forum/message_display.asp?group_id=8736

Raman ( )     11 September 2009

"Recently, the Delhi High Court calculated that, with its present strength, it will take no less than 464 years to clear all pending cases. In large states like Uttar Pradesh, with a large number of cases, it could then take a millennium.



Sixty-two years after we inherited the legal system from the British, the judiciary is in urgent need of radical reform. A speedy trial is not only required to impart quick justice but also to ensure enduring faith in the judiciary for which the Government and the judiciary have to work together."

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