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Do you feel that the step towards declaration of assets by SC judges is milestone in Indian Judicial Reforms?

Created by : V.Durga Rao, Private Attorney/Lawyer, V.DURGA RAO  | 08 27 2009 17:16:04 +0000
Industry : Law
Keywords : judiciary supreme court high court declaration of assets information commission clear judiciary etc.
Activity:  458 views;  last activity : 07 06 2010 20:18:09 +0000

Earlier, I have written an article stating that there can not be any justification in taking a stand that the judges of constitutional courts are immune from declaring their assets and provide the needed information to the public. Finally, I am very happy to read a statement in newspapers that the Supreme Court has accepted a resolution to declare their assets and now the judges are providing the particulars of their assets in our Supreme Court's official website. But, I can't support the statement as published in the news paper that the apex court can not direct the judges of various High Courts to follow them. There can not be any justification in not declaring assets and making the required information public and available to public. I would see this change in stance as milestone in Indian Judiciary and in the course of judicial reforms. We have seen the executive supremacy initially, then the judicial activism, then the independence judiciary and arguments supporting independent judiciary and now we are moving towards right direction. Declaration of assets by SC judges is the beginning of of many judicial reforms in India and I am sure on that. I would place my appreciation upon the work done by respected Shanthi Bhushan and other respected people who wants see India truly developed.

 
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Yes, its a great change Vs No, it may not serve any real purpose
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I would say that its a great change and first great step towards reforming our judiciary. I am sure that Indian Judiciary will again regain its lost dignity.


By V.Durga Rao, Private Attorney/Lawyer, V.DURGA RAO  08 27 2009 17:16:04 +0000
 
Top Argument
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The very concept of declaring assets and making it public is absolutely ridiculous, be it for Judges or citizens. The only agency who should be interested in such knowledge is the income tax department. The germination of the idea and momentum it has gathered is a humorless joke which many do not understand.

The perpetrators of this movement may have an underlying agenda, but definitely not judicial reform. The two are entirely separate aspects. It's absurd to even imagine public declaration of assets will lead to judicial reform. It proves common sense is actually very uncommon.

It should be recognized as a blatant insinuation that Judges are suspected of accepting bribes.
By aditya ghare, Multimedia Designer & Developer, Final Edit  08 28 2009 06:18:58 +0000
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yes undoubtedly it is a milestone not because of the impact of such an activity but because of the clear submission by the judiciary to the will of the people of india.Atleast we can be happy that in a democracy like ours no institution can be supreme than the will of the people.As Mr.Rao observed,now its moving in the right direction,yet it requires further more intrevention,hats off to Mr santhibushan and Mr.Fali.S.Nariman for their contribution,,,,,,,,,,Great Indeed................
By motty john, Head of the Department, F.L.C.I  | 09 18 2009 18:57:14 +0000
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It is good movement. As it is there are always talks of corruption in judiciary. In such a scenario by hiding why one & all shld be tainted.
By Ram Gopal, Freelancer, Freelancer  | 09 02 2009 17:19:03 +0000
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Yes, it is.
By Manoj Krishna Sanyal, Head/VP/GM-Production/Manufacturing, Retired  | 08 31 2009 04:07:45 +0000
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Yes,its a good change,But let see how it takes the shape.
By Rashmi koul, Assistant Project Controller, MWH  | 08 28 2009 10:45:53 +0000
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Its A good move but let us see the consequences further....
By Samar Inam Khan, Advocate (Independant Practice)  | 08 28 2009 09:33:45 +0000
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judiciary is one of the noble profession where people still have faith and this step towards declaration of assets b judicial persons will certainly raise that level of faith, but it must not stop with only the declaration, steps must be taken to review the assets every year or at least once in five years and a separate committee must be set up to handle the cases of corruption and bribery of judicial persons and to dispose it quickly.


By ayyappha mani, LLB(lawyer), M.B.A Student- ANNA UNIVERSITY, COIMBATORE  | 08 28 2009 07:38:46 +0000
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Yes it is a great change in that has taken place. Till now public servants have not been made accountable for their work and wealth. But now by this new judgement it is a great move by the SC tomake judges disclose their assets. The same step should be taken for other public servants from lower to upper heirarchy. So that the slowly and gradually we can eradicate corruption from the country.
By Darshil , CEO/MD/Director, Darshil Cotton Company  | 08 28 2009 06:57:10 +0000
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yes v.durga rao ji this will be a trend setter to be imbibed by other citizens who are holding high post to declare their assets.
By kasturirangan.r , Consultant, videocon industries limited  | 08 28 2009 05:48:14 +0000
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all public servants must be accountable.... and if they do not wish to be then DO NOT Apply for such JOBS... once they are in to the system it has to be very transperent and there must be stern action for the wrong practice. MORALITY START from own solu/mind.
By S T Desai, Director, Modern Plastics Co  | 08 28 2009 05:45:52 +0000
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Yes this can be milestone, if there is ruling to direct the judges for doing so by the Apex court.
By Mallaya Pandravada, Project Leader/Managing Consultant, Sheladia Associates Inc  | 08 28 2009 05:24:54 +0000
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Firstly, thanks Sir for this debate...

I agree with you that this has been a milestone decision, as we all know the level of corruption in Judiciary system, this will help keep a check.

This decision has send a message loud and clear that the one who are in Judicial System are not special and laws are the same for them, which they have forgotten.

IN brief i believe this is a communication of one of our fundamental right of Equality Before Law.
By Japan Shah, Assistant Professor, Oxford School of Management  | 08 28 2009 05:14:19 +0000
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yes.its really a great change in indian judicial system. and now people will revive their faith in judiciary. but the question concerning the honesty of judges can again be doubted as firstly,the judges are themselves declaring their assets which can be their actual asset or not .... secondly, they are immune from answering any kind of queries relating to their assets.

further such transparency rules should be allowed in every court and tribunal and not only in supreme court but the judges of these court should be made answerable to all the reasonable queries relating to their assets via proper public panel not by any individual query which can be harassing for judges .

otherwise, for the subordinate court judges, a comparative study of assets should be made of the judges of similar rank and similar date of joining  upon a calculated perception of the term of his/her service  (in terms of money). in this way the honest judges shall not be made answerable for their assets.
By ujjwal , LLB Hons. student, university of lucknow  | 08 27 2009 20:22:30 +0000
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No.. see our politicians are exhibited their  assets before the election but after we can see that load of currencies hoisting in the hon: parliament.. So how can we believe declaration of assets reduce corruption..
By Reni sebastian, Assistant Engineer, State government of Keralam  | 10 22 2009 14:48:10 +0000
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i dont agree that it will be a milestone in Indian Judicial Reforms because the SC judges are highly influencial as they are in such a postion that it is easy for them to fabricate their assets,as they are doing till now.I can say that this reform can only be a step that will bind the judges to be more cautious about their assets.There is no such hard and fast rule yet passed by the parliament which can compel the judges to disclose their actual assets.
By sankalp mehrotra, LLB(hons.) student, university of lucknow  | 09 02 2009 16:40:56 +0000
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Yes Mr Pandravada, milestone indeed, recognition of the fact that we Indians are naive. Mr. Japan Shah seems to have evidence of corruption, now that's interesting. 

Judicial reforms means efficiency in the judicial machinery. Changes in the judicial methods which will bring about improvements in functioning in providing justice better, faster, for the benefit of the public. 

If we are only talking about corruption, then instead of declaring assets, it would be better to provision for allowing recording devices in the courtroom, which at present are banned. Confessions, arguments judgements could be video taped and a library maintained with free access to the public. 

The Delhi Traffic Police has provisioned for CCTV in their licencing department, it has made a very congenial difference.
By aditya ghare, Multimedia Designer & Developer, Final Edit  | 08 28 2009 07:19:34 +0000
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Well said Mr. Desai, But why segregate public servants, lessons in morality should be for everyone. But I would delcaring assets make a person moral. All of us I assume submit financial statements to the IT dept does that make us moral?
By aditya ghare, Multimedia Designer & Developer, Final Edit  | 08 28 2009 06:55:13 +0000
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Agreed, Mr. Kasturirangan, It should be a trend setter. Not only for those who hold high posts, but for every citizen. Build your own website and make a declaration of your assets. It's definately make the the job of Income Tax officials easier. But judicial reforms???
By aditya ghare, Multimedia Designer & Developer, Final Edit  | 08 28 2009 06:34:17 +0000
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I don't think it will solve the complete problem. Indeed, If it is implemented, people will again get back their lost faith in Indian judiciary system. But as Ujjwal has already pointed out, by judges holding the assests, how can we trust their honesty ? and how transparent these court cases will be?
By Anagha Thakur, Corporate Lawyer  | 08 28 2009 05:25:15 +0000
Argue for "Yes, its a great change "
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