CENTRAL INFORMATION COMMISSION versus D.D.A. & ANR.
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[2024] 7 S.C.R. 617 : 2024 INSC 513 Central Information Commission v. D.D.A. & Anr. (Civil Appeal No. 2230 of 2012) 10 July 2024 [Vikram Nath* and Satish Chandra Sharma, JJ.] Issue for Consideration Whether the power of general superintendence direction, and management of the Central Information Commission’s affairs under Section 12(4) of the Right to Information Act 2005, includes the authority to constitute benches of the CIC and frame Regulations for the effective management and allocation of work within the Commission, including the issuance of orders and the formation of committees. Headnotes† Right to Information Act, 2005 – Constitution and Powers of the CIC – Section 12 of the RTI Act: Held: Section 12 of the RTI Act outlines the constitution and powers of the CIC – The CIC consists of the Central Information Commissioner itself and a specified number of Information Commissioners, not exceeding ten – Section 12(4) of the RTI Act grants the CIC the general superintendence, direction, and management of the Commission’s affairs – This provision implies that the CIC has comprehensive authority to oversee and direct its functioning – This provision allows the CIC to implement measures that ensure smooth and efficient functioning of the Commission, including the formation of benches of the Commission. [Para 13] Right to Information Act, 2005 – Powers and responsibilities of the State Information Commissioners – Section 12 of the RTI Act – Legislative intent to provide broad authority to ensure effective function of the Commissions: Held: Section 15 of the RTI Act mirrors Section 12, but applies to the State Information Commissions – It establishes the State Information Commissions, and outlines the powers and responsibilities of the State Chief Information Commissioner * Author 618 [2024] 7 S.C.R. Digital Supreme Court Reports and State Information Commissioners – Both, Sections 12 and 15 of the RTI Act use a similar language, emphasizing the wide-ranging powers of the CIC and the State Chief Information Commissioners to manage their respective commissions’ affairs autonomously, and without external interference – This language clearly suggests that the legislative intent was to provide these officials with broad authority to ensure their commissions function effectively. [Para 14] Interpretation of RTI Act – General superintendence implies the ability to constitute Benches – Absence of an explicit provision does not negate the CIC’s authority to constitute Benches: Held : The general superintendence, direction, and management powers vested in the CIC imply a wide-ranging authority to organize the internal functioning of the Commission, including the ability to constitute benches – This interpretation aligns with the purpose and objective of the RTI Act, which aims to facilitate the efficient disposal of cases and the effective implementation of the right to information – The absence of an explicit provision for Benches does not negate the CIC’s authority to constitute them, as such powers are implicitly included within the scope of the CIC’s general superintendence and management responsibilities – The broad language of the RTI Act indicates an intention to grant the CIC comprehensive authority to ensure the effective and efficient functioning of the Commission – The RTI Act’s broad language suggests that the legislative intent was to provide the CIC with the necessary authority to implement measures that ensure the Commission’s effective operation – The interpretation of the High Court was based on a restrictive reading of the RTI Act, focusing on the absence of explicit provisions for Benches with the RTI Act and a broader interpretation of the RTI Act is warranted. [Paras 16 and 17] Object of the RTI Act – Purposive interpretation of RTI Act – Formation of Benches allows efficient allocation of work: Held: The RTI Act should be interpreted purposively, taking into account the broader objectives of the legislation – The purpose of the RTI Act is to promote transparency and accountability in the functioning of public authorities, ensuring citizens’ right to information – To achieve these objectives effectively, it is essential that the Central Information Commission operates efficiently and [2024] 7 S.C.R. 619 Central Information Commission v. D.D.A. & Anr. without undue procedural constraints – The principle of purposive interpretation supports
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