CJI Office under RTI: Why Supreme Court ruled against Supreme Court in pathbreaking verdict
5 years, 1 month ago

CJI Office under RTI: Why Supreme Court ruled against Supreme Court in pathbreaking verdict

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In a pathbreaking verdict on Wednesday, the Supreme Court ruled that the office of the Chief Justice of India is a public authority under the Right to Information Act. CJI Office under RTI: Explaining Supreme Court's verdict Writing the judgement on behalf of the CJI, Justice Deepak Gupta and himself, Justice Sanjiv Khanna referred to several decisions and viewpoints to highlight the contentious nature of the issue of "transparency, accountability and judicial independence", and said it was necessary that "the question of judicial independence is accounted for in the balancing exercise". "Thus, when public interest demands disclosure of information, judicial independence has to be kept in mind while deciding the question of exercise of discretion," Justice Khanna said. "Distinction must be drawn between the final opinion or resolutions passed by collegium with regard to appointment /elevation and transfer of judges with observations and indicative reasons and the inputs/data or details which the collegium had examined," the bench said while stressing on balancing between the right to information, judicial independence and confidentiality of personal information. "The public interest test would have to be applied keeping in mind the fiduciary relationship,, and also the invasion of the right to privacy and breach of the duty of confidentiality owed to the candidate or the information provider, resulting from the furnishing of such details and particulars," it said on the collegium deliberations.

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