CJI falls under the purview of RTI Act, but conditions apply: SC

The Supreme Court on 13th November, 2019 ruled that the office of Chief Justice of India (CJI) comes under the ambit of the Right to Information (RTI) Act. A five-Judge Bench led by Chief Justice Ranjan Gogoi constituted Justice NV Ramana, Justice DY Chandrachud, Justice Deepak Gupta and Justice Sanjiv Khanna. The Court pronounced the verdict with a 3:2 majority.

"Transparency doesn’t undermine judicial independence," the Supreme Court said in its verdict upholding the Delhi High Court judgment which ruled that office of the Chief Justice comes under the purview of RTI.

The Supreme Court held that confidentiality and right to privacy have to be maintained and added that RTI cannot be used for as a tool of surveillance. It also said only names of judges recommended by the collegium can be disclosed, not the reasons. The Court stated that “Nobody wants to remain in the state of darkness or keep anybody in the state of darkness. The question is drawing a line. In the name of transparency, you cannot destroy the institution."

The issue dates back to 2007 when Subhash Chandra Aggarwal – RTI activist was denied information regarding details of judges’ assets. He filed a plea in Delhi High Court seeking the information. Later, in 2009, Aggarwal filed an RTI application in the Supreme Court’s Central Public Information Officer (CPIO). He had sought details regarding the appointments of three Supreme Court Judges: Justices R.M. Lodha, H.L. Dattu and A.K. Ganguly.

In January 2010, the Delhi High Court had held that the office of the Chief Justice of India comes within the ambit of the Right to Information (RTI) law, saying judicial independence was not a judge’s privilege, but a responsibility cast upon him.