1. Public interest litigation seeking directions for the implementation of proactive disclosure obligations under Section 4 of the Right to Information Act, 2005. (Para 1 , 4 , 5 )
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2023 Supreme(SC) 769
SUPREME COURT OF INDIA
Dhananjaya Y Chandrachud, Pamidighantam Sri Narasimha, J.B. Pardiwala, JJ.
Kishan Chand Jain - Petitioner
Versus
Union of India & Ors. – Respondents
Writ Petition (Civil) No. 990 of 2021
Decided On : 17-08-2023
Important Points
IMPORTANT POINT
Right to Information - Power and accountability go hand in hand - Public accountability is a crucial feature that governs relationship between 'duty bearers' and 'right holders' - Special power of 'Monitoring and Reporting' conferred on Central and State Information Commissioners must be exercised to promote transparency and accountability in working of every public authority'.
Right to Information - Power and accountability go hand in hand - Public accountability is a crucial feature that governs relationship between 'duty bearers' and 'right holders' - Special power of 'Monitoring and Reporting' conferred on Central and State Information Commissioners must be exercised to promote transparency and accountability in working of every public authority'.
Subject
Right to Information - Implementation of Section 4
Act Referred
Headnote
Right to Information Act, 2005 - Sections 4 and 25 - Constitution of India - Article 32 - Public Interest Litigation - Implementation of mandate of Section 4 of Right to Information Act, 2005 - System needs concerned authority's complete attention, followed by strict and continuous monitoring - It is in this context that functioning and duties of Central and State Information Commissions assume utmost importance - Circle of representative democracy connects supremacy of Parliament with right of the citizen by ensuring that State performs its obligations - This is primary principle of accountability - Power and accountability go hand in hand - Public accountability is a crucial feature that governs relationship between 'duty bearers' and 'right holders' - Special power of 'Monitoring and Reporting' conferred on Central and State Information Commissioners must be exercised to promote transparency and accountability in working of every public authority' - Central Information Commission and State Information Commissions shall continuously monitor implementation of mandate of Section 4 of Act as also prescribed by Department of Personnel and Training in its Guidelines and Memorandums issued from time to time - Directions will also include instructions under O.M. dated 07.11.2019 issued by Department - For this purpose, Commissioners will also be entitled to issue recommendations under sub-Section (5) of Section 25 to public authorities for taking necessary steps for complying with provisions of Act. (Paras 19, 21, 22 and 26)
Facts of the case:
Instant Writ Petition under Article 32 of Constitution of India filed by way of a public interest litigation seeking multiple reliefs, running into three pages, gist of which is only for a direction to implement mandate of Section 4 of Right to Information Act, 2005.
Findings of Court:
Apart from obligation of monitoring and reporting, Central and State Information Commissioners are also given power to recommend steps which public authority ought to take in implementing the Act.
Result : Writ Petition (C) disposed of with directions.
Legal Category Hierarchy
Table of Contents
2. Petitioner seeks mandatory proactive disclosures and third-party audits; Union contends that while Section 4 is mandatory, transparency audit guidelines are directory. (Para 4 , 17 , 18 )
3. The court emphasized that the right to information is intrinsically linked to public accountability, requiring continuous monitoring by Information Commissions to ensure transparency. (Para 19 , 21 , 22 , 25 )
4. The effectiveness of the right to information depends on the fulfillment of statutory obligations by public authorities, governed by the principles of responsibility, answerability, and enforceability. (Para 22 , 25 )
5. Central and State Information Commissions directed to continuously monitor Section 4 implementation and guidelines, utilizing recommendation powers under Section 25(5). (Para 26 , 27 )
6. What are the proactive disclosure obligations of public authorities under Section 4 of the RTI Act?
Public authorities must maintain catalogued records, publish organizational details, functions, and decision-making procedures, and provide reasons for administrative or quasi-judicial decisions. They must endeavor to provide as much information suo motu as possible to minimize the public's need to file formal requests. (Para 1 , 2 )
7. How does the court define the principle of accountability in administrative law?
Accountability consists of three dimensions: responsibility (identifying duties), answerability (reasoned decision-making), and enforceability (corrective action for dereliction of duty). It serves both a corrective function to address grievances and a preventive function to improve non-functional policies. (Para 22 )
8. What is the relationship between the RTI Act and legislative accountability?
Section 25 integrates the citizen's right to information with the government's collective responsibility to the legislature. Information Commissions report on implementation to the government, and these reports are laid before Parliament or State Legislatures to ensure state performance. (Para 20 , 21 )
9. What is the legal status of transparency audits compared to Section 4 obligations?
While the suo motu disclosure requirements under Section 4 of the RTI Act are mandatory statutory provisions, the transparency audits introduced via Office Memorandums are considered directory. (Para 17 )
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
1. This Writ Petition under Article 32 of the Constitution of India filed by way of a public interest litigation seeking multiple reliefs, running into three pages, the gist of which is only for a direction to implement the mandate of Section 4 of the Right to Information Act, 2005.1[Hereinafter referred to as ‘Act’] As the prayer is only for implementing the various obligations enlisted under Section 4, it is necessary to reproduce the Section for ready reference:
“4. Obligations of public authorities-
(I) Every public authority shall—
(a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;
(b) publish within one hundred and twenty days from the enactment of this Act,—
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
(vi) a statement of the categories of documents that are held by it or under its control;
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof
(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisations granted by it;
(xiv) details in respect of the information, available to or held by it, reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
(xvi) the names, designations and other particulars of the Public Information Officers;
(xvii) such other information as may be prescribed; and thereafter update these publications every year;
(c) publish all relevant facts while formulating important policies or announcing the decisions which affect public;
(d) provide reasons for its administrative or quasi-judicial decisions to affected persons.
(2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.
(3) For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public.
(4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the
