Having suffered a setback in its maiden attempt to introduce the Judges (Declaration of Assets and Liabilities) Bill,2009,the Union Law Ministry has decided against trying to bring in a standalone legislation on the subject.
According to sources,Union Law Minister M Veerappa Moily has asked Law Secretary T K Viswanathan to redraft the earlier Judges (Inquiry) Bill to include the clause making it mandatory for judges of the Supreme Court and the High Courts to declare their assets on a regular basis.
Sources told The Indian Express that the decision to junk the Judges (Declaration of Assets and Liabilities) Bill,2009which will require the nod of the Union Cabinetwas taken in light of the changed circumstances. Last month,Judges of the Supreme Court had decided to voluntarily make their assets public.
It is learnt that the Law Ministry is keen not to include any confidentiality clause relating to details of assets declared by judges in the redrafted Judges (Inquiry) Bill and there not likely to be any bar on the public accessing details of assets declared under the Right to information Act,2005.
The Minister is keen to introduce the Bill in the next Session of the Parliament. Once the Law Secretary submits the draft,discussions will be held with the interested parties, said the source. It is learnt that the matter was also discussed at a high-level meeting on judicial reforms chaired by Moily on Thursday evening.
One of the important clauses of the now-defunct Judges (Inquiry) Amendment Bill,2008,which was aimed at amending the Judges (inquiry) Act,1968,pertained to declaration of assets by the Judges. However,the Bill didnt allow declaration of details of assets.
On August 3,Moily had to defer introduction of the Judges (Declaration of Assets and Liabilities) Bill due to opposition from Rajya Sabha members,including those of the ruling Congress. The MPs were against Section 6(1) of the Bill,which said,that declaration made by a Judge to the competent authority wouldnt be made public or disclosed and that it shall not be called for put into question by any citizen,court or authority,and no Judge shall be subjected to any inquiry or query in relation to the contents of the declaration by any person.
While deferring the introduction of the Bill,Moily had said he would try to build consensus on the issue. He had also said he would talk to representatives of all political parties to thrash out the issue. On August 25,Moily had told The Indian Express that he would introduce the Judges (Assets and Liabilities) Bill,2009 in the next Session of the Parliament.