Sunlight is the Best Disinfectant: Why Do Activists See Supreme Court’s Proactive Disclosures as a Game-Changer for Judicial Transparency?

New Delhi- Public interest activists are heralding a new era of judicial accountability following the Supreme Court of India’s recent steps to enhance transparency. In a statement released on May 14, the Campaign for Judicial Accountability and Reforms (CJAR) praised the court’s proactive disclosure of judges’ asset declarations, biographical details of candidates approved for judgeship, and documents related to the judicial appointment process on its website. These measures, activists argue, are pivotal in fostering public trust and ensuring the judiciary operates with greater openness.

Asset Disclosures: A Long-Overdue Reform

CJAR has long advocated for mandatory public disclosure of judges’ assets and liabilities, emphasizing that such transparency is critical to curbing corruption within the judiciary. Until recently, none of the Supreme Court judges and only a handful of High Court judges voluntarily disclosed their asset declarations publicly. A resolution passed by the full court of the Supreme Court on April 1, 2025, now mandates that all judges place their asset declarations on the court’s website—a move CJAR described as “salutary.”

“We urge every High Court to adopt similar measures,” the CJAR statement read, calling for the Supreme Court to publish the full text of the April 1 resolution. The group also pressed for a standardized format for asset declarations, including the disclosure of the cost of immovable property at the time of purchase, akin to requirements for election candidates. Such a format, CJAR argued, would ensure comprehensive transparency and enable effective public scrutiny.

Judicial Appointments: A Glimpse into the Process

The disclosure of proposals for judicial appointments approved by the Supreme Court collegium has been another focal point of CJAR’s praise. For the first time, the public can access details about candidates’ backgrounds, their relationships to sitting or retired judges, and the status of appointments pending with the government. These documents offer insight into the criteria applied by the judiciary in selecting judges for the Supreme Court and High Courts.

CJAR expressed hope that such disclosures would become standard practice for all future appointments. However, the group noted that since November 2024, the collegium has only uploaded bare statements, a departure from its earlier practice of publishing detailed resolutions. CJAR urged the Supreme Court to resume disclosing collegium resolutions, including minutes and dissent notes, in line with the court’s own directions under the Right to Information (RTI) Act and the Central Vigilance Commission (CVC) Act.

The statement also highlighted delays in implementing collegium decisions due to government inaction. CJAR proposed that the Supreme Court maintain a public dashboard tracking the status of collegium recommendations, including the dates of recommendation, reiteration, and current progress with the government. The group further called on the judiciary to take a “firmer stand” against executive delays, which it said undermine judicial independence.

Complaints Mechanism: Transparency in Allegations

CJAR also commended the Supreme Court’s handling of allegations regarding the discovery of cash at the residence of Justice Yashwant Varma. The decision to place relevant information in the public domain quelled rumors and reassured the public that the matter was being addressed. However, with the in-house inquiry committee having concluded its investigation, CJAR stressed that the outcome and report must be made public to prevent speculation and maintain trust in the judiciary.

“Transparency in handling serious allegations of corruption or misconduct is indispensable to public trust in the higher judiciary, an institution whose functioning has too often been marked by opacity,” the statement noted.

CJAR attributed these strides toward transparency to the leadership of Chief Justice of India Sanjiv Khanna, commending his efforts to make the judiciary more accountable. The group expressed hope that future Chief Justices would build on this momentum, emphasizing that openness and accountability to the people of India are essential for strengthening the judiciary and safeguarding its independence.

Quoting the Supreme Court’s own observation that “sunlight is the best disinfectant,” CJAR emphasised that transparency in appointments, complaints, bench allocations, and financial declarations is key to promoting public faith in the judiciary. The group’s statement reflects a broader call for systemic reforms to ensure the judiciary remains a pillar of integrity and public trust.

What is CJAR

The Campaign for Judicial Accountability and Reforms (CJAR) is a New Delhi based prominent public interest organization dedicated to promoting transparency, accountability, and integrity within the Indian judiciary.

Its Executive Committee comprises a diverse group of activists, lawyers, and social reformers, including Prashant Bhushan (Convener), Cheryl D’souza (Secretary), Nikhil Dey, Alok Prasanna Kumar, Venkatesh Sundaram, Indu Prakash Singh, Anjali Bhardwaj, Amrita Johri, Annie Raja, Beena Pallical, Siddharth Sharma, Indira Unninayar, Vijay MJ, Vipul Mudgal, Kamini Jaiswal, Meera Sanghamitra, Prasanna S, Apar Gupta, and Anurag Tiwari. This committee drives CJAR’s mission to ensure the judiciary remains a robust pillar of democracy accountable to the people of India.