Context:
Supreme Court (SC) resolved that all its judges will publicly declare their assets to the CJI for publication on the court’s website, following the discovery of large sums of cash at a Delhi High Court judge’s residence
Judges’ Asset Disclosure:
- Legal Status – Judges are not legally obligated to publicly disclose their assets.
- 1997 SC Resolution – Judges were required to declare assets to the Chief Justice of India (CJI), but public disclosure was not mandated.
- 2009 SC Decision – Voluntary asset disclosure on the Supreme Court website was permitted but not mandatory.
- 2019 SC Ruling – The SC ruled that judges’ assets are not private information and are subject to the Right to Information (RTI) Act.
- Parliamentary Committee’s Recommendation – In 2023, Parliament’s Committee on Personnel, Public Grievances, and Law and Justice recommended a law mandating the disclosure of Supreme Court and High Court judges’ assets.
- However, no legislative action has been taken so far.
Comparison with other Public Servants:
| Category | Asset Disclosure Requirements | Public Accessibility |
| Judges | Not legally mandatory to disclose assets publicly. | Limited accessibility; voluntary disclosure allowed, but rare. |
| Civil Servants | Required to declare assets annually under All India Services (Conduct) Rules, 1968. | No public access; declarations are for internal review. |
| Political Candidates | Mandated to disclose assets during elections as per SC judgment in ADR v. UoI (2002). | Assets are publicly accessible through election affidavits. |
| MPs/MLAs | Must declare assets to the Speaker (Lok Sabha) or Chairperson (Rajya Sabha). | Published and accessible to the public. |
| Union Ministers | Required to declare assets to the PMO (Prime Minister’s Office). | Information is often published online for public access. |
Source: IE
Previous Year Question
With reference to India, consider the following statements:
1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
Which of the statements given above is/are correct?
[UPSC Civil Service Exam – 2022 Prelims]
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (b)
Explanation:
Corporate lawyers and patent attorneys are also recognised as advocates.