New Delhi: Noting that the autonomy of the Central Information Commission (CIC) is of paramount importance for its effective functioning, the Supreme Court has ruled that the CIC has the power to constitute benches and frame regulations.
A bench comprising Justice Vikram Nath and Justice Satish Chandra Sharma on Wednesday emphasized that the autonomy and independence of administrative bodies are fundamental to their ability to perform their designated functions effectively.
The apex court stated, "The Chief Information Commissioner's powers to frame regulations pertaining to the constitution of benches of the commission are upheld as such powers are within the ambit of Section 12(4) of the RTI Act."
The court further noted that institutions like the CIC are established to carry out specialized tasks that require a level of impartiality and expertise achievable only if they are free from undue interference.
The bench added, "While the RTI Act does not explicitly grant the 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 commission's affairs effectively. These regulations are essential tools for ensuring efficient administration and operation of the commission, addressing various procedural and managerial aspects necessary for fulfilling its mandate."
The observations of the top court came in a judgment that set aside a 2010 verdict of the Delhi High Court.
The High Court, by the impugned order, 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 Supreme Court, however, asserted that ensuring the independence of these bodies is essential for maintaining the integrity and efficacy of the administrative system. Interfering in the functioning of these bodies can be detrimental, as it undermines their ability to operate efficiently and impartially.
Holding that the purpose of the RTI Act is to promote transparency and accountability in the functioning of public authorities and to ensure citizens' right to information, the top court stated, "To achieve these objectives effectively, it is essential that the Central Information Commission operates efficiently and without undue procedural constraints."
