Chief Information Commissioner has powers to frame Regulations for the constitution of Benches under RTI
20 Jul, 2024Background of the Case
The Central Information Commission (CIC) was established under the Right to Information Act, 2005 (RTI Act) to oversee and enforce the transparency obligations of public authorities. The case at hand arose from a dispute where the High Court of Delhi had declared certain Regulations framed by the Chief Information Commissioner (CIC) as ultra vires, specifically challenging the CIC's authority to create Benches and delegate powers.
Key Facts:
- Application Filed: Mr. Sarbjeet Roy applied to the CIC under Sections 18 and 19 of the RTI Act seeking information from the Delhi Development Authority (DDA) concerning the Master Plan of Delhi 2021 and to ensure compliance with Section 4 of the RTI Act.
- Order by CIC: On 22.09.2009, the CIC ordered the formation of a Committee to oversee DDA’s compliance with the RTI Act.
- Challenge: DDA filed a writ petition challenging the CIC’s order, arguing that the CIC’s actions, including summoning the Vice-Chairman of the DDA and creating a committee of non-members, overstepped its statutory authority.
-
High Court’s Decision: The High Court of Delhi ruled that:
- The CIC did not have the authority to form a Committee of non-members to conduct inquiries.
- The CIC's Regulations that established the formation of Benches and addressed other administrative matters exceeded the authority conferred by the RTI Act.
- The High Court also held that summoning high-ranking officials like the Vice-Chairman of the DDA was beyond the CIC’s powers.
Issues before the Supreme Court
The Supreme Court had to determine:
- Whether the CIC has the authority under the RTI Act to form Benches and frame internal Regulations for its functioning.
- Whether the CIC can issue directions to public authorities and summon high-ranking officials.
Supreme Court’s Judgment
1. Authority to Form Benches and Frame Regulations
The Supreme Court held that:
- Broad Powers Under Section 12(4): Section 12(4) of the RTI Act provides the CIC with powers of "general superintendence, direction, and management" of its affairs. This includes forming Benches for the efficient handling of cases and framing internal Regulations for managing the Commission’s functions.
- Interpretation of Statutory Provisions: The Court emphasized that the RTI Act’s language gives the CIC broad powers necessary for effective functioning. The absence of explicit provisions for Benches does not negate the CIC's inherent authority to organize its work.
- Need for Benches: Given the large volume of cases, the creation of Benches was deemed a practical necessity to ensure the efficient disposal of matters, aligning with the RTI Act’s goal of facilitating transparency and accountability.
- Regulations for Internal Management: The Regulations framed by the CIC for internal management, including the formation of Benches, were held to be within the scope of Section 12(4). The Court recognized that these Regulations were a means to manage the Commission’s workload and achieve the RTI Act’s objectives.
2. Powers to Summon High-Ranking Officials
- Delegation of Inquiry Functions: The Supreme Court upheld that while the CIC can issue orders for compliance with the RTI Act, the delegation of inquiry functions to a Committee was consistent with the CIC’s supervisory role, provided the delegation was reasonable and did not overstep statutory bounds.
- Judicial vs. Administrative Functions: The Court clarified that while certain judicial functions like summoning high-ranking officials traditionally belong to courts, the CIC’s administrative functions, including oversight of compliance with transparency laws, are valid within its statutory framework.
Conclusion
The Supreme Court overturned the High Court’s decision, reaffirming the CIC’s authority to form Benches and frame Regulations under Section 12(4) of the RTI Act. The judgment emphasized that the RTI Act intends for the CIC to operate with a degree of autonomy necessary for the effective administration of its responsibilities.
Key Takeaways
- Authority under Section 12(4): The CIC’s broad powers under Section 12(4) include the ability to frame internal Regulations and form Benches.
- Administrative vs. Judicial Functions: The CIC’s actions, such as forming committees and issuing administrative directives, fall within its administrative powers and are essential for the effective functioning of the Commission.
- Purpose of RTI Act: The RTI Act’s objectives of transparency and accountability are best served by enabling the CIC to manage its workload efficiently.
Legal References
- Section 12(4) of the RTI Act: Grants the CIC powers for general superintendence and management of its affairs.
- Article 324 of the Constitution: Used as a reference for interpreting powers of superintendence in administrative contexts.
Judgment: The Supreme Court’s decision reinforced the CIC’s role in upholding the RTI Act’s objectives and provided clarity on the extent of its administrative powers.
Supreme Court judgment dated JULY 10, 2024 in Central Information Commission v. D.D.A. & Anr.; Civil Appeal No. 2230 of 2012
Bench: Justice Vikram Nath and Satish Chandra Sharma
For a copy of the judgment, please go to the link - https://rtifoundationofindia.com/files/infobeans-cms-next/upload/25.pdf