Implement RTI provisions properly: Supreme Court to info panels

New Delhi, August 20

The Supreme Court has directed the Central Information Commission (CIC) and the State Information Commissions (SICs) to ensure proper implementation of the mandate of Section 4 of the RTI Act under which the public authorities are statutorily obliged to maintain all public records and to disseminate information for easy accessibility to the public.

The order came from a three-judge Bench of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala on a petition filed by Kishan Chand Jain seeking effective implementation of the mandate of Section 4 of the RTI Act dealing with the obligations of the public authorities.

The top court said public accountability was a crucial feature that governed the relationship between “duty bearers” and “right holders”.

It said power and accountability went hand in hand and noted that while all citizens shall have the “right to information” under Section 3 of the Act, the co-relative “duty” in the form of the obligation of the public authorities was recognised in Section 4 of the RTI Act.

“We direct that the CIC and the SICs shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its guidelines and memorandums issued from time to time,” the Bench, also comprising Justices PS Narasimha and JB Pardiwala, said.

Section 4(1) (b) of the RTI Act lays down the information which should be disclosed by the public authorities on a suo motu or proactive basis. Section 4(2) and Section 4(3) prescribe the method of dissemination of this information.