Key reform towards judicial transparency

Publishing judges’ assets and process of appointment can affirm public trust in higher

The Supreme Court’s decision to make public the assets held by 21 of its 33 sitting judges and publish the process of appointment of judges through collegium recommendations for the past four years is a welcome step towards judicial transparency. The decision has come at a time when a cash haul at a Delhi high court judge’s home has raised questions about the integrity of the judiciary. There has also been criticism about the process of appointment of judges. In this context, the top court has done well to make public the entire process of appointments, uploading the details on its website. These details include the names of judges recommended by the collegium, their relation to sitting or retired judges, and the inputs received from the Central and state governments. It also uploaded statements of its judges’ assets, about a month after deciding to make the disclosure.

Publication of details about the collegium’s decisions will help to counter the criticism that the appointment of judges is a largely opaque system. The executive and the judiciary have differed on the system of appointments to the higher judiciary, and the government has not always accepted the collegium’s recommendations. The government, still, cannot be expected to change its position after the publication of details regarding the appointments. It may be intended to correct the perception that the appointments are arbitrary and influenced by nepotism. Allegations of nepotism in collegium appointments and misconduct and corruption on the part of judges have recently led to a renewed focus on the National Judicial Appointments Commission (NJAC) Act, which the Supreme Court struck down in 2015. The disclosures may also be seen as a reaffirmation of the court’s position that it would not accept any complaints about the collegium system and would stick with it.

The public listing of assets, including those of Chief Justice of India (CJI) Sanjiv Khanna and the next three CJIs-in-waiting, will help to boost public trust in the higher judiciary. According to the court, the remaining disclosures will be made when the relevant information is available. The disclosures can facilitate scrutiny of the details. However, it is important to ensure the continuance of these measures – the disclosures should be an annual exercise. The judiciary, despite the recent questions regarding its integrity, is an institution that has retained credibility. It needs to be maintained and strengthened.