The Delhi High Court on Tuesday said that a resolution passed by Supreme Court judges on assets declaration is binding on them and dismissed the plea of the apex court which said that it is not mandatory.
"It can hardly be imagined that Resolutions which have been unanimously adopted at a conference of Judges would not be binding on the Judges and its efficacy can be questioned," a full bench of High Court headed by Chief Justice AP Shah said.
The Court rejected the contention of the apex court which had pleaded that the resolution was part of in-house mechanism which is not binding and does not have force of law.
"Although it was sought to be contended by the Attorney General that even such resolutions would not have a binding effect of law, such a contention cannot be accepted if the proper functioning of the judiciary as an institution has to be ensured," the court said.
"The consequence of accepting such an argument would mean that individual Judges will simply declare that they are not bound by any of the resolutions of the Court and they are free to act according to their whim. Such a position is wholly untenable and unacceptable for the proper functioning of the judiciary," it said.
The court said public declaration of assets is already prevalent in the lower judiciary and that it should also be applied for higher judiciary to bring transparency.
"The Resolutions give expression to the highest traditions relating to the judicial functions as visualised in all the world's cultures and legal systems," the court said.