Chief Information Commission has power under RTI Act to form benches: Supreme Court

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Synopsis

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, Top Court has said

The Supreme Court on Friday has held that Central Information Commission (CIC) has the ability to form benches to handle the increasing volume of cases.

"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 top court has further said.

A bench of Justices Vikram Nath and SC Sharma has added that 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.

"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 CIC must be allowed to operate independently and exercise its powers of superintendence, direction, and management without external constraints...", the division bench has further observed.

It has been further observed that 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.

The judgment further highlights 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 purpose of the RTI Act is to promote transparency and accountability in the functioning of public authorities, ensuring citizens' right to information. To achieve these objectives effectively, it is essential that the Central Information Commission operates efficiently and without undue procedural constraints. The principle of purposive interpretation supports the view that the CIC's powers under Section 12(4) of the RTI Act include all necessary measures to manage and direct the Commission's affairs effectively", Court has added.

Case Title: CENTRAL INFORMATION COMMISSION vs. D.D.A. & ANR.