Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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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. 



Learning

 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


(Guest)

 welcome move.....must b appreciated...


(Guest)

 

Judges to declare assets after SC formulates guidelines

 Judges of the Madras High Court will take a decision on putting their asset details on public domain after the Supreme Court comes out with its modalities on the issue, chief justice HL Gokhale has said. 



When mediapersons sought to meet justice HL Gokhale on Thursday, to get his views on the chief justice of India KG Balakrishnan's statement that High Courts were free to take their decision on voluntary disclosure of assets, he expressed his inability to meet the Press. 



He, however, sent a response through his secretariat that since the Supreme Court has said it would formulate some modalities in the matter, the High Court would consider and take an appropriate decision only they are finalised. 



Advocate NGR Prasad, president of the Tamil Nadu chapter of the All India Lawyers Union (AILU), however, said there was no need for judges to wait for any legislations or modalities. "Constitutional functionaries should make public their wealth details on their own. So much dust and storm over the issue is wholly unwarranted. If they declare their assets it will inspire confidence among people. Such an action need not wait for a legislative backing," said Prasad. 



"We welcome the judges who have declared their assets, and look forward to more such declarations. The more we tend to hide, the more we tend to become suspicious in the eyes of the public, in whose confidence alone any system, much more the judicial system, survives," Prasad said in a statement. 



Assailing Clause 6 of the still-born Judges (Declaration of Assets and Liabilities) Bill 2009, the AILU leader said it would defeat the very purpose of the legislation. The Clause provides that the declaration made by a judge to the competent authority shall not be made public or disclosed or be put into question by any citizen, court or authority and that no judge shall be subjected to any inquiry or query on the content of the declaration made. 



S Prabakaran, president of the Tamil Nadu Advocates Association (TNAA), said it was an opportunity for the Madras High Court to become the first court in India to declare assets of all its judges. "The gesture will add to the dignity of the institution," he said, adding that the exercise should not be confined to the judiciary alone. "Bureaucrats in all India services like the IAS, IPS and IFS too should put their wealth details in the website of their respective departments or a specially-created all-India registry," Prabakaran said. 



The visiting British minister for justice, William Stephen Goulden Bach, noting that he had no comment to make on the issue, said it would be best left to the judges themselves, as stated by the union law minister Veerappa Moily. Judges in the U.K., he said, do not declare their assets.


(Guest)

 

'Allahabad HC judges should also declare assets'

 Following declaration of assets by supreme court judges, the pressure has mounted on Allahabad high court judges as well to follow in the steps of their superiors. High Court Lawyer's Association on Thursday demanded these judges to voluntarily come forward to declare their assets. It will contribute to the transparency of judicial system. The suggestion was made in a seminar organised by the association on `Judicial Transparency'. 







Association's president, Vijai Kumar Tiwari, praised SC judges for declaring their assets on a website. In today's time, the common public has faith only on judiciary. The transparency shown by the SC judges will check the growing tendency of corruption in the system. Judges of Allahabad and Lucknow bench should follow suit, said Tiwari. 







Former advocate general and Rajya Sabha MP, Virendra Bhatia, also expected the judges to declare their assets in public. He said that judges should establish high ideals by declaring their assets. They should not wait for the parliament to pass the law in this regard.

 

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? 


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