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Supreme Court Confirms CIC’s Authority to Form Benches and Frame Regulations

Supreme Court Upholds CIC's Autonomy and Powers

Editor Ritam English by Editor Ritam English
Jul 13, 2024, 04:48 pm IST
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In a significant ruling, the Supreme Court of India has affirmed the Central Information Commission’s (CIC) powers to establish benches and create regulations, emphasizing the importance of its autonomy for effective functioning. The decision was delivered by a bench comprising Justice Vikram Nath and Justice Satish Chandra Sharma last Wednesday.

The Supreme Court highlighted that the independence and autonomy of administrative bodies like the CIC are crucial for their ability to perform their roles effectively. It stated that the powers of the Chief Information Commissioner to frame regulations related to the formation of benches fall within the scope of Section 12(4) of the Right to Information (RTI) Act.

The court pointed out that while the RTI Act does not explicitly grant the CIC the authority to frame regulations, the broad powers given under Section 12(4) implicitly include the ability to manage the commission’s affairs efficiently. These regulations are necessary for the commission to function smoothly, covering various procedural and managerial aspects vital for fulfilling its mandate.

This judgment overturned a 2010 decision by the Delhi High Court, which had nullified the Central Information Commission (Management) Regulations, 2007. The High Court had previously ruled that the CIC did not have the authority to constitute benches.

However, the Supreme Court’s ruling reinstates the CIC’s powers, ensuring its ability to function without external interference.

ALSO READ: “Supreme Court Dismisses PIL on Hathras Stampede Incident”

The Supreme Court stressed that institutions like the CIC are designed to perform specialized tasks that require impartiality and expertise. These qualities can only be maintained if the commission operates independently. Any interference in its functioning could hinder its efficiency and impartiality, undermining its role.

The apex court also noted that the RTI Act aims to enhance transparency and accountability in public authorities, ensuring citizens’ right to information. For these objectives to be met effectively, the CIC must operate without unnecessary procedural hurdles.

The Supreme Court’s decision reinforces the autonomy of the CIC, enabling it to carry out its duties without undue interference. This ruling ensures that the CIC can manage its operations efficiently, maintaining the integrity and efficacy of the administrative system, and upholding the citizens’ right to information.

Tags: Supreme CourtCentral Information Commission
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