 the  declaration of  assets   and  liabilities by supreme court,  high court and  subordinate court  judges   bill,  2009 a billto provide for declaration of assets and liabilities by judges of supreme court, high courtand subordinate courts to a designated authority; to provide for rights to the central government to call for information on declaration of assets and liabilities and; to provide for penalty for non-declaration or forged declaration of assets and liabilities and for matters connected therewith and incidental theretobe  it enacted by parliament in the sixtieth  year of the republic of india as follows:—1 (1) this act may be called the  declaration of assets and liabilities by the  supremecourt, high court and subordinate court judges act, 2009short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force with immediate effect 2 in this act, unless the context otherwise requires,—definitions(a) ''appointed day'' means the first day of january, 2009 (b) ''assets and liabilities'' means assets and liabilities in and outside india andincludes movable and immovable property(c) ''judge'' includes magistrate, sub-judges or any other person performing judicial functions under the judicial set up by whatever name called(d) ''prescribed'' means prescribed by  rules made under this act53 (1) every judge of the supreme court, high court and subordinate court shall, within forty-five days of the coming into force of this act make, in such form as may be prescribed, a declaration of all—(a) his assets and liabilities; (b) the assets and liabilities of his spouse; (c) the assets and liabilities of each of his children on the appointed day10(2) where a person who on the commencement  of the act is not a person to whom this act applies becomes thereafter a person to whom this act applies, he shall, within forty-five days of his appointment, make a declaration of his assets and liabilities as on the day of his appointment15(3) the declaration of assets and liabilities that a judge is required to make under subsection (1) or sub-section (2) shall, unless such person ceases to be a judge, be made periodically in every third year after the first declaration of assets and liabilities or at such shorter periodic intervals as the parliament may by resolution determine4 the declaration of assets and liabilities shall be made in the following manner:—(a) to the president—by the chief justice of india20to whom declaration of assets and liabilities are to be made(b) to chief justice of india—by supreme court judge, chief justice of high court and judges of high court(c) to the chief justice of high court—by session judge, district judge and other subordinate judges2522 of 20055 the central government shall have the right to call for and refer to any declaration of assets and liabilities made by the supreme court, high court and subordinate court judges and such information shall also be made available to any citizen under the provisions of the right to information act, 2005power to refer to declaration of assets and liabilities6  (1) in case a judge—30(a) who fails without reasonable cause to make any declaration of assets and liabilities which he is required to make under section 3; or(b) who makes any false statement in any such declaration; ornondeclaration or false declaration of assets and liabilities(c) who otherwise contravenes any other provisions of this act,70 of 1971the matter shall be dealt under the contempt of court act, 1971 as if it is the contemptof court35power to remove difficulties7 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, notinconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:40provided that no such orders shall be made after the expiry of the period of three yearsfrom the date of commencement of this actact to have overriding effect8  the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force on the subject and save aforesaid the provisions of the act shall be in addition to and not derogation of any other law for the time in force45power to make rules9 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsof late, controversies have been generated on the issue of declaration of assets by the judges of the supreme court the central information commission has opined that the information relating to assets and liabilities of the judges comes under the preview of right to information  ( rti)  act, 2005 and, therefore, it should be made available to the citizens on the other hand, the judiciary feels that the information which is available with the chief justice of india does not come under the preview of the rti act and, therefore, the information relating to assets and liabilities of judges which is available with the chief justice of india cannot be given under the rti it is being largely felt that there should not be any objection to the judges in declaring their assets and liabilities or making available this information to the citizens as the law stands today, even the members of parliament are bound to declare their assets and liabilities within a specified period after taking oath as members of parliament in order to put the controversy at rest it is felt necessary that there should be a mandatory provision for declaration of assets and liabilities by the supreme court, high court and subordinate judgeshence this billmahendra mohan memorandum  regarding  delegated  legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the billthe rules will relate to details only the delegation of legislative power is of normal character ———— a billto provide for declaration of assets and liabilities by judge of supreme court, high court andsubordinate courts to a designated authority; to provide for rights to the central government to call for information on declaration of assets and liabilities and; to provide for penalty for non-declaration or forged declaration of assets and liabilities and for matters connected therewith or incidental thereto ————(shri mahendra mohan, mp)