In a well-meaning but short-sighted move, the Central Information Commission (CIC) has declared that Supreme Court judges must disclose their assets under the Right to Information (RTI) Act. SC judges already provide the Chief Justice of India with a list of assets. As the CJI, Justice Balakrishnan, has already pointed out, there is no statute or law that insists that judges must disclose their assets.
The document that they give to the CJI is given in trust, which Balakrishnan would be betraying if he were to make the document public.
Forcing judges to disclose details of their assets may have unintended consequences. While the measure would satisfy those who believe that the judiciary is tainted by corruption, the amount of information about the judges that will then become available in the public sphere is dangerous. Not only could some elements use the information to pressure certain judges into issuing favourable verdicts, it could also result in their personal safety being compromised. Far from checking judicial corruption, revealing assets could have just the opposite effect.
The judiciary in India is one of the few public institutions that people still trust, and with good reason. The Supreme Court, in particular, has emerged in the recent past as a defender of civil rights and has increasingly taken on an activist role. SC judges have proven themselves to be worthy of their office. They should not have to constantly prove themselves over and over again. Demanding a declaration of assets amounts to an expression of mistrust in the SC and its judges despite the stellar job they have been doing over the years.
If judges want to disclose their wealth under the RTI, they are free to do so. However, compelling them to make this information available to the public is unfair and will not have the desired result. It is best to have faith in these sentinels of the law and trust them to do their jobs without bias or influence.
TIMES VIEW | Judges should disclose assets