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Judiciary

CIC has powers to set up benches: SC [Read Judgement]

By Jhanak Sharma      15 July, 2024 09:42 AM      0 Comments
CIC has powers to set up benches SC

NEW DELHI: The Supreme Court has said the autonomy of the Central Information Commission is of paramount importance to its effective functioning and 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

A bench of Justices Vikram Nath and Justice Satish Chandra 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 Commissions affairs effectively.

The court 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 court allowed an appeal by the CIC and set aside the Delhi High Court's order of 2010, which 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.

The court said 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, the bench said.

The court said 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," it said.

The court noted 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, the court said.

The court emphasised 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. 

 

[Read Judgement]



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