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SC Verdict: CJI Office under RTI act

SC Verdict: CJI Office under RTI act

The Supreme Court ruled that the office of the Chief Justice of India is a public authority under the Right to Information Act on 13th November 2019.

  • A decision has been pronounced by a five-member constitutional bench of the Supreme Court. It consists of Supreme Court Chief Justice Ranjan Gogoi, Justice Divi Chandrachud, Justice NV Ramana, Justice Sanjeev Khanna and Justice Deepak Gupta.
  • The high court on January 10, 2010 held that the CJI office comes within the ambit of the RTI law, saying judicial independence was not a judge's privilege, but a responsibility cast upon him.

According to Supreme Court verdict

  • The decision is based on the question of bringing transparency in the judicial system. Although, some conditions have been added citing privacy.
  •  The decision has been taken by the Supreme Court under Article 124 of the Constitution.

Article 124

  • Article 124 deals with the appointment of judges to the Supreme Court of India.
  • It talks about the number of judges to the superior Courts, their qualification and the mode of appointment of Chief Justice of India.
  •  It also deals with the impeachment of judges and mentions the two conditions (proved misbehaviour or incapacity) for  the impeachment (Article 124 (4)). 

Right to Information

  •  The Right to Information Act, 2005 (“the Act”) has established the necessary practical regime of right to information.
  • Under Article 19 (1) of the Indian Constitution guarantees us the right to freedom of speech and expression and as recognized by the Supreme Court.
  • It can empower citizens to take charge by participating in decision-making and by challenging corrupt and arbitrary actions at all levels.

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