CIC can frame rules, form benches, says SC

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New Delhi, July 13

Noting that autonomy of the Central Information Commission (CIC) — the apex body administering the Right to Information Act — is of paramount importance for its effective functioning, the Supreme Court has ruled that it has powers to constitute benches and frame regulations.

“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,” a Bench of Justice Vikram Nath and Justice Satish Chandra Sharma said, emphasising that autonomy and independence of administrative bodies were fundamental to their ability to perform their designated functions effectively.

The institutions like the CIC were established to carry out specialised tasks that require a level of impartiality and expertise that could only be achieved if they were free from undue interference, it said.

‘Autonomy must’

Autonomy and independence of administrative bodies are fundamental to their ability to perform their designated functions effectively, said the top court

“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 top court said, setting aside a Delhi High Court verdict.

Maintaining that the RTI Act aimed to promote transparency and accountability in the functioning of public authorities, ensuring citizens’ right to information, it said, “To achieve these objectives effectively, it is essential that the CIC operates efficiently and without undue procedural constraints.”

In its 2010 verdict, the high court had quashed the CIC (Management) Regulations, 2007, framed by the Chief Information Commissioner and held that the CIC had no powers to constitute benches.

Setting aside the HC order, the SC said ensuring the independence of these bodies was essential for maintaining the integrity of the system and interference in their functioning could be detrimental.