Time for Transparency in the Lower Judiciary
Jayanta Debnath
May 19, 2025
"Kudos to Supreme Court for Transparency Drive Under CJI Sanjiv Khanna: A Pathbreaking Move That Must Extend to Lower Judiciary Too"
In a landmark move towards transparency and judicial accountability, the Supreme Court of India under the leadership of outgoing Chief Justice of India (CJI) Sanjiv Khanna has taken commendable steps to open up the judicial system to greater public scrutiny. These include publishing asset declarations of judges, detailed records of appointments approved by the collegium, and the public handling of complaints, including the case related to Justice Yashwant Verma.
The Campaign for Judicial Accountability and Reforms (CJAR) has welcomed these proactive disclosures, calling them a “much-needed boost for transparency in the functioning of the judiciary.” Indeed, these steps mark a critical shift away from the culture of opacity that has traditionally marked India’s higher judiciary.
Asset Declarations Now Public
One of the most notable reforms is the Supreme Court’s decision to mandate public disclosure of the asset and liability declarations of judges. This came after the ĺresolution adopted by the full court of the Supreme Court on April 1, 2025, which made such disclosures mandatory for all SC judges. CJAR now urges that every High Court in India adopt the same standard.
CJAR has long advocated for such disclosures as a critical measure to curb corruption within the judiciary. A standard format for asset declarations including the disclosure of the cost of immovable property at the time of purchase is also recommended to ensure transparency and allow effective public scrutiny.
Greater Collegium Transparency
The disclosure of documents relating to the appointment process of High Court and Supreme Court judges such as biographical details, selection criteria, recommendations, and status updates is another significant reform. For the first time, the public has been given insight into the workings of the Supreme Court collegium, marking a new era in judicial openness.
CJAR, while appreciating this transparency, has called for a return to the previous practice (until November 2024) where detailed collegium resolutions, dissent notes, and meeting minutes were publicly available. They have also suggested a public dashboard listing all collegium recommendations, the dates of government action or inaction, and current statuses.
Transparency in Complaints Mechanism
CJAR has lauded the decision by the CJI to place in the public domain key information about the allegations of cash discovery at Justice Yashwant Verma’s residence. The transparency in this matter reassured the public and curbed rumour mongering. However, CJAR has demanded that now that the in-house inquiry committee has completed its work, the report and findings should also be disclosed publicly to prevent unnecessary speculation.
Time for Transparency in the Lower Judiciary
While these reforms in the higher judiciary are highly laudable, it is equally important that similar transparency mechanisms be implemented for the lower judiciary. Currently, there is no accessible complaints mechanism for litigants or citizens to report serious issues such as inordinate delays in case hearings, judgments, or misconduct by judicial officers.
CJAR and public interest advocates now call for the publication of comprehensive guidelines for citizens and litigants. These should lay out how one can approach the relevant supervisory authorities including High Courts and judicial oversight committees when they face procedural injustices or undue delays in their cases.
These remarkable steps under the stewardship of CJI Sanjiv Khanna reflect a deep commitment to strengthening judicial independence through openness, transparency, and accountability. Future Chief Justices must not only sustain this momentum but expand it across the judiciary’s full spectrum especially the subordinate courts where most citizens interact with the justice system.
This is the beginning of a transformation in India’s judiciary. Sunlight, indeed, is the best disinfectant.
( Writer is a senior journalist and Editor Tripurainfo dot com)
(Tripurainfo)
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