New Delhi: The Supreme Court has said that the Central Information Commission (CIC) must be allowed to operate independently and exercise its powers of superintendence, direction and management without external constraints also commission’s autonomy ensures that it can fulfil its role in promoting transparency and accountability, which are the cornerstones of the RTI Act.
A bench comprising justices Vikram Nath and Justice Satish Chandra said the CIC has powers to constitute benches and frame regulations. “The ability to form benches and allocate work among Information Commissioners is essential for the CIC to manage its workload effectively and uphold the citizens' right to information," said the bench.
The apex court was examining whether the CIC, under the provisions of Section 12(4) of the RTI Act, has the authority to constitute benches of the CIC and frame regulations for the effective management and allocation of work within the commission, including the issuance of orders and the formation of committees.
The bench, in its judgment delivered on July 10, said, “We believe that the autonomy of the Central Information Commission is of paramount importance to its effective functioning. Any undue interference in its administrative functions, such as the power to constitute benches, would significantly impede its ability to handle the large volume of cases efficiently and expeditiously."
The bench stressed that CIC must be allowed to operate independently and exercise its powers of superintendence, direction, and management without external constraints. “The principle of non-interference is crucial for maintaining the integrity and efficacy of the CIC. Allowing the Commission to function autonomously ensures that it can fulfil its role in promoting transparency and accountability, which are the cornerstones of the RTI Act," said the apex court.
The apex court said while the RTI Act does not explicitly grant CIC the authority to frame regulations, the overarching powers granted under Section 12(4) of the RTI Act inherently include the ability to manage the commission’s affairs effectively.
"These regulations are essential tools for ensuring efficient administration and operation of the commission, addressing various procedural and managerial aspects necessary for fulfilling its mandate," said the bench, while setting aside a 2010 verdict of the Delhi High Court.
The bench said it is necessary to elucidate that under Section 12(4) of the RTI Act, the CIC has the authority to issue various forms of administrative guidelines, directives and instructions essential for the effective management of its affairs.
The apex court said, in the present case, that the RTI Act should be interpreted purposively, taking into account the broader objectives of the legislation. The purpose of the RTI Act is to promote transparency and accountability in the functioning of public authorities, ensuring citizens’ right to information, it said.
The bench said the formation of benches allows for the efficient allocation of work and ensures the timely disposal of cases, which is crucial for upholding the right to information. The bench said that the Chief Information Commissioner's powers to frame regulations pertaining to the constitution of benches of the commission are upheld as such powers are within the ambit of Section 12(4) of the RTI Act.
The apex court said the High Court’s interpretation was based on a restrictive reading of the RTI Act, focusing on the absence of explicit provisions for benches within the RTI Act. “This court believes that a broader interpretation of the RTI Act is warranted. The general superintendence, direction and management powers vested in the CIC imply a wide-ranging authority to organise the internal functioning of the Commission, including the ability to constitute benches," said the bench.
The High Court had quashed the Central Information Commission (Management) Regulations, 2007, framed by the Chief Information Commissioner and held that the CIC has no power to constitute benches of the commission. Justice Nath, who authored the judgment on behalf of the bench, said ensuring the independence of these bodies is essential for maintaining the integrity and efficacy of the administrative system.
Justice Nath said the absence of an explicit provision for benches does not negate the CIC's authority to constitute them, as such powers are implicitly included within the scope of the CIC's general superintendence and management responsibilities. “The Delhi High Court's narrow reading of the provisions overlooked the inherent powers of the CIC to manage the affairs of the Commission. The RTI Act's broad language suggests that the legislative intent was to provide the CIC with the necessary authority to implement measures that ensure the Commission's effective operation”, said Justice Nath.
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