Central Information Commission can frame rules, form benches, external committees: Supreme Court

The Central Information Commission (CIC) has powers to constitute benches, issue orders, frame regulations and form committees in exercise of its work, the Supreme Court recently held [Central Information Commission vs DDA and anr].A Bench of Justices Vikram Nath and Satish Chandra Sharma stressed that the same is necessary for the effective management and allocation of work within the Commission."While the [Right to Information] RTI Act does not explicitly grant 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 the efficient administration and operation of the Commission, addressing various procedural and managerial aspects necessary for fulfilling its mandate", it observed..The observations came in a verdict setting aside a May 2010 judgment of the Delhi High Court.The High Court had held that the Chief Information Commissioner lacks such powers under Section 12(4) of the RTI Act, leading to the instant appeal by the CIC.That order came on a plea by the Delhi Development Authority (DDA) order challenging the CIC summoning its officials and forming committees to look into DDA's functioning..The Supreme Court at the outset underscored that the autonomy and independence of administrative bodies are fundamental to their ability to perform their designated functions effectively. "These institutions are established to carry out specialized tasks that require a level of impartiality and expertise, which can only be achieved if they are free from undue interference. Ensuring their independence is essential for maintaining the integrity and efficacy of the administrative system. Interfering in the functioning of these bodies can be detrimental, as it undermines their ability to operate efficiently and impartially," the Court underlined. A restrictive interpretation of the CIC's powers or direct interventions that impede their operational autonomy, would constitute interference in its functioning, the Court held."Administrative bodies must have the freedom to establish and implement internal procedures and regulations that best suit their unique mandates and operational needs. The principle of non-interference is not merely an administrative convenience but a cornerstone for upholding the rule of law and ensuring that these bodies can serve the public interest effectively. When these institutions are allowed to function without external pressures, they can make decisions based on expertise and objective criteria, which enhances their credibility and public trust," the order said. Sections 12(4) and 15(4) of the RTI Act clearly provide the CIC powers to frame its own regulations and delegate its power to a committee formed by it, the Court made it clear.Therefore, arguments against its wide regulatory powers are not substantive but rather a question of semantics."The CIC must be allowed to operate independently and exercise its powers of superintendence, direction, and management without external constraints. The principle of non-interference is crucial for maintaining the integrity and efficacy of the CIC. Allowing the Commission to function autonomously ensures that it can fulfil its role in promoting transparency and accountability, which are the cornerstones of the RTI Act. The ability to form benches and allocate work among Information Commissioners is essential for the CIC to manage its workload effectively and uphold the citizens' right to information," it observed in conclusion..CIC slams Election Commission for not replying to RTI on EVMs for over a year.The CIC's appeal was, thus, allowed and the High Court's verdict was quashed..Attorney General R Venkataramani appeared for the CIC.Advocate Nitin Mishra appeared for the DDA. Advocate Sarbajit Roy appeared for the original RTI applicant..[Read Judgment]