The chief justice of India, KG Balakrishnan, says that even though the Supreme Court judges have voluntarily decided to disclose their assets on the court’s website for public scrutiny, the apex court will not submit to the jurisdiction of the Right to Information (RTI) Act.
“We (judges) have taken this unanimous decision (to disclose our assets on the court’s website) under the changed scenario, but I can’t allow all the information available with me, such as communications with the prime minister, law minister or other confidential material, for inspection under RTI,” he said on Friday.
The deliberations by the collegium on the selection of judges cannot be disclosed either, he said, adding there were many such issues that could not be subjected to RTI jurisdiction.
The CJI told mediapersons that the court’s appeal against the Central Information Commission’s order asking the apex court judges to disclose their assets is pending before the Delhi high court. “Let’s see what the outcome is,” he said.
Asked if high court judges will be bound by the apex court judges’ decision to disclose their assets, chief justice Balakrishnan said, “They’re not. It’s up to them to take a decision.”
Will he send an advisory to high court judges? “You people say I have no power, how can I tell them to follow in the SC’s steps?” he said.
He said the decision of the apex court judges to disclose their assets is in consonance with the court’s 1997 resolution. All the judges have been submitting to the CJI details of the “assets owned by them and their dependents”, he said.
However, at least two high courts had opposed the 1997 resolution, he said.
Don’t the judges fear harassment now? “Who said we have shed the fear? It will depend upon the reaction of the people,” he said, suggesting that the US law that protects judges on disclosed assets “is a model enactment that is needed in India”.
The CJI said it would take “some time” for the court to put up the judges’ assets on its website. “Some judges want to verify their records before making them available for public scrutiny,” he said.
Taking a cue from the apex court, judges of the Kerala and Delhi high courts have also decided to declare their assets on the websites of their respective courts.
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KG Balakrishnan, chief justice of India
“We have taken this unanimous decision (to disclose our assets on the court’s website) under the changed scenario, but I can’t allow all the information available with me, such as communications with the prime minister, law minister or other confidential material, for inspection under RTI.”
