Make assets declaration by SC, HC judges must: House panel | India News – Times of India
“As the last resolution of the SC on the declaration of assets by judges on a voluntary basis is not complied with, the committee recommends the government to bring about appropriate legislation to make it mandatory for judges of the higher judiciary (SC and HCs) to furnish their property returns on an annual basis,” the panel, headed by BJP’s MP and former Bihar deputy CM Sushil Modi, observed on Monday.
Quoting from the judgments of the apex court, the panel said, the SC has gone to the extent of holding that the public has a right to know the assets of those standing for elections as MPs or MLAs. “When so, it belies logic that judges don’t need to disclose their assets and liabilities. Anybody holding public office and drawing a salary from the exchequer should mandatorily furnish annual returns of their property,” it added.
The panel also expressed concern over huge pendency in courts, including the SC and HCs and recommended curtailing vacations of the judiciary. “It is an undeniable fact that vacations in the judiciary are a ‘colonial legacy’ and with entire court going on vacation en masse causes deep inconvenience to the litigants,” the panel said, while suggesting that instead of all the judges going on vacation, all at one time, individual judges should take their leave at different times through the year so that the courts are constantly open.
It also recommended reservation in the higher judiciary for women, minorities and marginalised sections of society as the apex court and HCs suffers from ‘diversity deficit’ since representation from the these classes (SCs/STs, OBCs, women and minorities) in constitutional courts does not reflect the social diversity of the country.
The panel suggested that provisions related to reservations in the higher judiciary should be clearly mentioned in the Memoranda of Procedure (MoP), which is presently under finalisation.
The committee also favoured setting up of regional benches of the SC as ‘access to justice’ is a fundamental right under the Constitution and poor people travelling from far corners of the country find it difficult to afford justice.