SC assets resolution for High Courts

“Under the present system,the CJI has no administrative control of the HCs and the resolution of the judges of the SC is not binding on the judges of the HCs. The CJI can only suggest to them to follow suit,” sources said.

As for the case filed by the SC Registry in the Delhi HC,challenging an order of the Central Information Commission on the issue of assets of judges,sources said a final decision was still to be taken. “We need to understand that the larger issue before Delhi HC is whether details of assets of judges of the SC and HCs are within the purview of the RTI Act or not. The resolution passed yesterday doesn’t say anything on this issue. It is for the CJI to decide the future course of action,” the sources pointed out. On May 4,the HC had reserved its order on the apex court’s plea.

Meanwhile,sources in the Law Ministry on Thursday asserted that despite the resolution of SC judges,the government was committed to push the proposed law to make it mandatory for judges and their kin to declare their assets. “A meeting will be held next week to decide whether the law should be a stand-alone legislation like the Judges (Assets and Liabilities) Bill,2009 or if there should be clause to this effect as was contained in the now-defunct Judges (Inquiry) Bill,2008. Since the resolution has no legal standing like an earlier one passed in 1997,the Government is keen to bring in the legislation,” said a senior Ministry officer.

Union Law Minister M Veerappa Moily has welcomed the decision of SC judges saying,“It is for the judges to decide how it should be done because they know best what is best for the judiciary.”