Although it is important to guard the independence of the judiciary, so as to enable it to better protect citizens’ rights, there seems to be a need for judicial transparency. The chief justice has called for the declaration of assets by judges.

T.U. Mehta, a retired chief justice from Shimla, argued in a letter earlier this week

‘Benefit of judiciary’ that such disclosures should in fact enhance the reputation of the judiciary further.

• My regards for your suggestion to the Indian judiciary “to balance the distortions” that creep into politics ‘Towards disclosure’. The Indian Constitution rightly safeguards judicial independence and invests vast judicial powers in the hands of Supreme Court and high court judges. This makes the judiciary our ultimate chance of balancing the distortions.

However, the immunities relate to the discharge of judicial functions and not administrative ones. Every Indian citizen is entitled to know as to how judicial appointments are made, how the revenue meant for judicial administration is utilised, etc. The RTI Act doesn’t exempt the Supreme Court or the high courts from disclosing such administrative facts. If disclosures reveal any distortion, the judiciary should welcome such disclosures because these provide opportunities for correction and, thus, for enhancing the reputation of the judiciary itself. The integrity of the Indian judiciary has suffered in comparison to what it was a decade ago. If this is indeed so, your guarded suggestion does gather more weight.

Unsubtle differences

... contd.