Rajeev Chandrasekhar's official website - Member of Parliament

GOVERNMENT OF INDIA

Ministry of Law and Justice

DEPARTMENT OF JUSTICE

RAJYA SABHA

UNSTARRED QUESTION NO 4070

TO BE ANSWERED ON 05.05.2008

Declaration of Assets and Liabilities by Judges.

4070.

SHRI RAJEEV CHANDRASEKHAR

 

 

Will the Minister of LAW & JUSTICE be pleased to state:-

(a) whether the Supreme Court had adopted a self regulatory code for Judges, to declare their assets and liabilities annually, which is not being followed; and
(b) if so, whether Government would ask the Supreme Court to implement the code scrupulously or would enact a legislation on the subject, on the pattern of rules on the subject made by the Parliament for Members of Parliament?

ANSWER

MINISTER OF LAW AND JUSTICE
(SHRI H. R. BHARDWAJ)

(a) A resolution passed unanimously on the 7th May, 1997, at a meeting chaired by then Chief Justice of India and attended by twenty-two Supreme Court judges, had reportedly said, “every judge should make declaration of all assets in the form of real estate or investments held in their names, in the name of their spouses or any other person dependent on them, to the Chief Justice”.
(b) In view of the independence of judiciary, it is not possible for the Government to ask the judiciary to implement their own resolution. The Government has, however, introduced the Judges (Inquiry) Bill, 2006 in the Lok Sabha on 19.12.2006 which, inter-alia, provides for setting up of a National Judicial Council to look into the allegations of misconduct against the Judges. The proposed National Judicial Council would also be empowered to draw up a Code of Conduct for the Judges. The Bill was examined by the Department Related Parliamentary Standing Committee which has since submitted its report. The Report is being examined.

Statement referred to in reply to parts (a) & (b) of the Rajya Sabha Unstarred Question No. 4070 for answer on 5.5.2008
(a) A resolution passed unanimously on the 7th May, 1997, at a meeting chaired by then Chief Justice of India and attended by twenty-two Supreme Court judges, had reportedly said, “every judge should make declaration of all assets in the form of real estate or investments held in their names, in the name of their spouses or any other person dependent on them, to the Chief Justice”.

(b) In view of the independence of judiciary, it is not possible for the Government to ask the judiciary to implement their own resolution. The Government have already introduced the Judges (Inquiry) Bill, 2006 in the Lok Sabha on 19.12.2006 which, inter-alia, provides for setting up of a National Judicial Council to look into the allegations of misconduct against the Judges. The proposed National Judicial Council would also be empowered to draw up a Code of Conduct for the Judges. The Bill was examined by the Department Related Parliamentary Standing Committee which has since submitted its report. The Report is being examined.