Introduction and Historical Background:
The Right to Information (RTI) Act, 2005 plays a pivotal role in upholding transparency and accountability in governance. Stemming from historical events like the Internal Emergency of 1975-1977, where public outcry against information repression led to a political commitment to citizens’ right to information, the RTI Act was later formalized. The World Bank’s emphasis on accountability and transparency in its 1992 report laid the foundation for the inclusion of these elements in the Act.
Right to Information Act, 2005:
The Act, operational since October 12, 2005, seeks to establish a framework enabling citizens’ access to information held by public authorities. Notable provisions include the appointment of Public Information Officers, creation of Information Commissions, and exclusion of Intelligence and Security Organizations from its application.
Latest Interesting Judgments on Right to Information:
- Chargesheets and Final Reports: The Supreme Court, in Saurav Das v. Union of India (2023 SCC OnLine SC 58), held that chargesheets and final reports, not equivalent to FIRs, cannot be mandatorily published on state websites for public access.
- Collegium Discussions: In Anjali Bhardwaj v. CPIO, Supreme Court of India (2022 SCC OnLine SC 1698), the Court ruled that all collegium discussions need not be in the public domain; only final decisions should be uploaded on the Supreme Court’s website.
- Right to Information vs. Right to Privacy: The case of HDFC Bank Ltd. v. Union of India (2022 SCC OnLine SC 1337) explored the interplay between the right to information and the right to privacy, invoking the doctrine of ex debito justitiae.
- SEBI’s Duty to Disclose: The Supreme Court, in T. Takano v. SEBI (2022 SCC OnLine SC 210), outlined SEBI’s duty to disclose relevant material, including the Investigation Report, to the noticee, with exceptions for sensitive information.
- Judicial Information under RTI Act: The full judge bench in Chief Information Commissioner v. High Court of Gujarat ((2020) 4 SCC 702) clarified that information held on the judicial side of the court cannot be accessed under the RTI Act, deeming it as ‘personal information’ of litigants.
- Appointment of Judges: In Supreme Court of India v. Subhash Chandra Agarwal ((2020) 5 SCC 481), the Court held that information regarding the appointment of Supreme Court and High Court judges is ‘third party information,’ necessitating compliance with Section 11(1) of the RTI Act.
- NGOs and RTI Act: The case of DAV College Trust and Managing Society v. Director of Public Instructions ((2019) 9 SCC 185) established that NGOs substantially financed by the government fall within the ambit of ‘public authority’ under the RTI Act.
- Rafale Deal: The Supreme Court, in Yashwant Sinha v. CBI ((2019) 6 SCC 1), allowed admissibility of leaked documents in the context of a PIL challenging the Rafale arms deal.
High Courts Judgments:
- Delhi High Court on Terrorism Investigations: In Ehtesham Qutubuddin Siddiqui v. CPIO (2023 SCC OnLine Del 641), the court upheld the rejection of disclosure of reports and dossiers relating to terrorist acts under investigation, citing national security concerns.
- Confidential Information in Anti-Dumping Proceedings: The Delhi High Court, in Union of India v. Arvind M Kapoor (2023 SCC OnLine Del 1803), set aside an order directing disclosure of confidential information in anti-dumping proceedings, highlighting the authorities’ lack of expertise to assess the impact of such disclosure.
- Notification under UAPA: In Ehtesham Qutubuddin Siddique v. CPIO (2022 SCC OnLine Del 2927), the court held that information regarding the issuance of notification under Section 45 UAPA can be rightfully exempted under the RTI Act.
- Judicial Diary Access under RTI: The court, in M.P. Chothy v. Registrar General, High Court of Kerala (WP(C) No. 23224 of 2022), upheld the constitutional validity of Rule 12 of RTI (Subordinate Courts and Tribunals) Rules, 2006, stating that the diary of civil and criminal proceedings cannot be obtained by filing an RTI.
Frequently Asked Questions (FAQs):
- Latest Supreme Court Judgment on Section 8 of RTI Act: In Central Public Information Officer v. Subhash Chandra Agarwal (2019 SCC OnLine SC 1459), the Supreme Court held that the office of the Chief Justice of India comes under the purview of the Right to Information.
- Latest Act on the Right to Information in India: The latest and current act on the Right to Information in India is the Right to Information Act, 2005.
- Does Supreme Court come under the Right to Information Act? Yes, the Supreme Court of India is covered under the Right to Information Act, 2005, with certain exemptions.
- In which case did the Supreme Court declare the right to information as a fundamental right? The Supreme Court has not declared the Right to Information as a fundamental right, but it recognized it as an integral part of the fundamental right to freedom of speech and expression in the case of State of U.P. v. Raj Narain (1975).
