Supreme Court upholds CIC's power to frame regulations and constitute benches
Justices Vikram Nath & Satish Chandra Sharma [10-07-2024]

Read Order: CENTRAL INFORMATION COMMISSION v. D.D.A. & ANR [SC- CIVIL APPEAL NO.2230 OF 2012]

LE Correspondent

New Delhi, July 15, 2024: In a landmark judgment, the Supreme Court has overturned a Delhi High Court ruling and affirmed the authority of the Central Information Commission (CIC) to frame regulations and constitute benches for the efficient functioning of the Commission.

The apex court's decision emphasizes the importance of the CIC's autonomy and independence in carrying out its mandate under the Right to Information (RTI) Act, 2005.

The case originated from an application filed by Mr. Sarbjeet Roy seeking information about the ongoing modification of the Master Plan of Delhi for 2021. The CIC had directed the constitution of a committee to inquire into the Delhi Development Authority's (DDA) compliance with the proactive disclosure requirements under Section 4 of the RTI Act. Aggrieved by this order, the DDA challenged the CIC's authority to summon its Vice-Chairman and questioned the validity of the Central Information Commission (Management) Regulations, 2007.

The Delhi High Court had quashed the Regulations, holding that the CIC lacked the power to constitute benches and that the Regulations exceeded the scope of the RTI Act. However, the Supreme Court, in its judgment, adopted a broader interpretation of the CIC's powers under Section 12(4) of the RTI Act, which grants the Commission general superintendence, direction, and management of its affairs.

The Supreme Court held that the absence of explicit provisions for benches in the RTI Act does not negate the CIC's authority to constitute them, as such powers are inherently included within the CIC's general superintendence and management responsibilities. The Top Court emphasized that a purposive interpretation of the RTI Act supports the view that the CIC's powers include all necessary measures to manage and direct the Commission's affairs effectively, including the formation of benches to handle the increasing volume of cases.

The Apex Court also noted that the broad language of Sections 12(4) and 15(4) of the RTI Act reflects the legislative intent to provide the CIC and State Chief Information Commissioners with comprehensive authority to ensure the effective and efficient functioning of their respective Commissions. The Top Court drew parallels with the wide powers granted to the Election Commission under Article 324 of the Constitution of India.