Wednesday, September 30, 2009

Declaration of Assets by Judges

Find below the issues identified for discussion by this week's group:
We will be covering, broadly, the following themes in tomorrow’sdiscussion:
I The Judgement, Its Antecedents and Outcomes -
  • Evolution of details of judges assets coming into the public domain starting from 1997 Resolution
  • What is the content of the 1997 Resolution and is the intention behind reflected adequately in the judgment?
  • The CIC and High Court judgments- core issues raised
  • Reactions in the Media and from the Judiciary and other possible effects

II Supreme Court Jurisprudence on Declaration of Assets and Other Outcomes

  • Is the Supreme Court bound by its own decisions regarding declaration of assets by election candidates under the Representation of People Act? ( *Primary Reading: SCAORA*)
  • Independence of the Judiciary and Separation of Powers, Right to Privacy and the Right to Information Act- A curious interplay
  • The Conflict of Interest v. Wealth Accumulation debate- what all does a judge have to disclose? (in connection with the US Statues)

III Judges Assets Declaration Overseas

  • A comparison between the Ethics in Government Act, 1978 and Judicial Disclosure Responsibility Act, 2007 (USA) which mandates disclosure and the current judgment
  • Whether these principles should be incorporated into our system of disclosure given the varied nature of the judiciary in India and the US.

A copy of the CIC order can be found here:

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