SC and HC judges, on their own, sending us their asset lists: CJI

AMID increasing calls for the higher judiciary to be more transparent and declare their assets, Chief Justice of India K G Balakrishnan...

AMID increasing calls for the higher judiciary to be more transparent and declare their assets, Chief Justice of India K G Balakrishnan said today that the judiciary is not at all averse to the idea and, in fact, judges of the Supreme Court have been “voluntarily” declaring their assets for a few years now. Justice Balakrishnan put due emphasis on the word “voluntarily.”

Speaking at a function to mark this year’s Dr K N Katju Memorial Lecture here this evening, the Chief Justice said: “About the Supreme Court Judges, I would like to say all my brother judges have declared their assets and that statement is with me…Under rules, civil judges are declaring their assets and judges of higher judiciary — High Courts and the Supreme Court — are doing it voluntarily and giving details to the Chief Justice.”

The lecture was organised in the memory of Kailash Nath Katju, freedom fighter, lawyer and later Minister and Governor as well, a “giant” figure, as former Chief Justice of India Justice M N Venakatachaliah referred to him while delivering his key-note address on the subject, “Constitutional Underpinnings of a Concordial Society.” A just and fair administration, Justice Venkatachalaiah said, is key to a concordial society, adding that the power of judiciary has its limitations.

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Justice Balakrishnan touched on another hot-button issue: judicial activism. “Judges may not be fit for bringing in reform in all aspects of the society,” he said, “but it is also not right on our part to shrug our shoulders and say we will not decide these cases.” While he acknowledged that “suo motu reforming the society is not possible,” he lamented that the bench is “constrained” to pass such orders when other organs fail in their statutory duties.

Underlining this point, the CJI referred to Article 21-A (Right to free and compulsory education), a right, he said, had not been implemented even “57 years after Independence.” And referred to the glaring lacunae in the mid-day meal scheme adding that as many as 80 per cent of the states had opposed it.