Indiae
Wednesday, November 4, 2009
Disclosure of Judges' Assets
It’s unfortunate that Supreme court still shies away from being in the purview of right to information act in regard to declaration of judges’ assets. What’s more, the apex court has advised to appeal against Delhi High court’s verdict in favour of inclusion of courts’ judges in RTI act. This opposition obviously creates doubt and confusion in public mind regarding transparency of judicial system. It’s not clear what stands in the way of SC’s not offering it self to be covered by this act.A positive stance in this respect would have brightened the image of judiciary in popular esteem. What’s a relieving feature is that some judges including the Chief Justice of India have come forward to post their assets in the website, though in many cases it’s been done in a perfunctory manner. May be, it’s a welcome gesture to begin with and other judges will follow suit. But still doubt exits as to how many judges will be inspired by this overture till disclosure of assets is made mandatory.
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We are acquinted with the politicians exercising 'extra-constitutional' authority.But they are ultimately subjected to judicial scrutiny and public rage finally manifested in the verdict of general elections.So the elected public servants are not above laws of the land.But is it applicable to the appointed public servants working in the judiciary? Unfortunately a peculiar mindset of placing themselves above the laws of the land has permeated the individulas and a sense of supremacy and final authority in all matters engulfed the whole of the judiciary specially, the high or the highest.As a citizen nobody can place themselves above the constitutiion or the laws of the land.They have been allowed certain privileges.But that is to facilitate themselves to perform their duties without fear or favour.This can never exempt the judiciary from the accountabilty they are subjected toby the laws of the land.Sice they can interpret laws can never make the judiciary immune from the operation of the ambit of the laws. As there cannot be two sets of laws for the citizens whatever be their ranks or position,so the highest judiciary are deluding itself by arbitrarily assuming authority above everything.The distict division of authority dictated by the constitution for legislature,executive and judiciary are transgressed by the judiciary just to show that they are the boss.That's a dangerous trend required to be stopped forthwith.We have the system of judicial scrutiny for all executive actions.The legislature is under severe test in every five years.What about judiciary?Are they not misusing the faith reposed by the people while framing the constitution wherein so many articles are enshrined,for example verdict of the supreme court will be treated as the law of the land.Are they acting without favou or so?Now it's a fact that a large number of judiciary are engulfed in corruption-as is evident from utterances of former CJs and judges.The unseemly posture keeping themselves from the operation of laws of the land is their fear of facing the truth.They are not people from other planets.They are public servants entrusted to perform specified jobs. So the so called voluntary disclosures are nothing but farce. It has to be mandatory.
ReplyDeleteThe quatum of assets must be subjected to the scrutiny of the proper authority- not by the judiciary themselves. Arbitrriness is an inherent malaise of the powerful.So inbuilt system must be there to combat it.