BJP against keeping judges' assets information confidential

The BJP today disapproved of the "confidentiality clause" in the proposed judges' assets bill, saying that the conditions for declaration of assets should apply equally to all public functionaries and there is nothing in Constitution which carves out an exception for judiciary.
       
"The BJP supported the Judges (Declaration of Assets and Liabilities) Bill, 2009 in principle but was opposed to Clause 6 of the Bill which says such details would be kept confidential," Leader of Opposition in the Rajya Sabha Arun Jaitley said.
 
Arguing that the Supreme Court verdict making declaration of assets and liabilities a must for politicians contesting elections was based on Article 19(1)(a) of the Constitution, he said the judges were also public servants and could not lay down a condition and then say it was not applicable to them.
        
"There is only one Article 19 (1)(a) in the Constitution and it applies equally to all," said Jaitley, asserting that the fundamental freedom of expression was applicable to judiciary as much as it was to MPs and others. "There is nothing in the constitution which carves out an exception for the judiciary (in this regard)."
        
BJP, Left parties and even some Congress MPs today opposed the introduction of the Bill in the Rajya Sabha forcing Law Minister M Veerappa Moily to defer the exercise. The eminent lawyer said BJP was "one with the judiciary" on the issue of the latter's independence but also wanted its credibility to remain intact.    

Jaitley suggested that there was no need for a fresh Bill on the issue and the government could introduce the same Bill after dropping Clause 6. He refuted the charge that this would lead to a clash with the judiciary.
 
"Right to legislate lies with the Parliament," the BJP leader told reporters adding, that the courts have the power to review a law but the judiciary does not have any role during the introduction and passage of a Bill.
 
Jaitley accused the government of not doing its "homework" well and introducing the Bill in a "clumsy manner" as the government was in a hurry to meet the 100-day deadline it had set for itself. He said "Parliamentary core is party system" but the government had not taken the political parties into confidence on the issue.
     
Under the provisions of the Judges (Declaration of assets and liabilities) Bill, 2009, a Supreme Court judge would give details of his/her assets and liabilities to the Chief Justice of India while the High Court judges would furnish these details to their respective Chief Justices. These details would not be available to the public under the Right to Information Act.