2024 Supreme(SC) 581

SUPREME COURT OF INDIA
Vikram Nath, Satish Chandra Sharma, JJ.
Central Information Commission – Appellant
Versus
D.D.A. & Anr. – Respondents
Civil Appeal No. 2230 of 2012
Decided on : 10-07-2024

IMPORTANT POINTS
(1) Powers of Chief Information Commissioner (CIC) – Under Section 12(4) of RTI Act, CIC has authority to issue various forms of administrative guidelines, directives and instructions essential for effective management of its affairs.
(2) Autonomy of Central Information Commission is of paramount importance to its effective functioning – Any undue interference in its administrative functions, such as power to constitute benches, would significantly impede its ability to handle large volume of cases efficiently and expeditiously – CIC must be allowed to operate independently and exercise its powers of superintendence, direction, and management without external constraints.
(3) Administrative bodies must have freedom to establish and implement internal procedures and regulations that best suit their unique mandates and operational needs – Principle of non-interference is not merely an administrative convenience but a cornerstone for upholding rule of law and ensuring that these bodies can serve public interest effectively.

Headnote:

(A) Right to Information Act, 2005 – Section 12(4) – Central Information Commission (Management) Regulations, 2007 – Regulation 22 – Powers of Chief Information Commissioner (CIC) – A broader interpretation of the RTI Act is warranted – General superintendence, direction, and management powers vested in CIC imply a wide-ranging authority to organize internal functioning of Commission, including ability to constitute benches – Absence of explicit provision for Benches does not negate CIC's authority to constitute them, as such powers are implicitly included within scope of CIC's general superintendence and management responsibilities – Legislative intent was to provide CIC with necessary authority to implement measures that ensure Commission's effective operation – While RTI Act does not explicitly grant CIC authority to frame Regulations, overarching powers granted under Section 12(4) of RTI Act inherently include ability to manage Commissions affairs effectively – These Regulations are essential tools for ensuring efficient administration and operation of Commission, addressing various procedural and managerial aspects necessary for fulfilling its mandate – Focusing narrowly on nomenclature and absence of an explicit provision for Regulation-making within RTI Act would undermine broader purpose and intent of the same – Principle of non-interference is crucial for maintaining integrity and efficacy of CIC – Chief Information Commissioners powers to frame Regulations pertaining to constitution of Benches of Commission upheld. (Paras 16, 17, 18, 22, 24 and 25)

(B) Judicial Review – Scope and ambit – 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 integrity and efficacy of administrative system – Interfering in functioning of these bodies can be detrimental as it undermines their ability to operate efficiently and impartially – Such interference can stem from restrictive interpretations of their powers or direct interventions that impede their operational autonomy – Administrative bodies must have freedom to establish and implement internal procedures and regulations that best suit their unique mandates and operational needs – Principle of non-interference is not merely an administrative convenience but a cornerstone for upholding rule of law and ensuring that these bodies can serve 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. (Para 1)

Facts of the case:

Present appeal challenges judgment and order dated 21.05.2010, passed by High Court of Delhi in Writ Petition (C). High Court, by impugned order, quashed Central Information Commission (Management) Regulations, 2007 framed by Chief Information Commissioner and held that CIC has no power to constitute Benches of Commission. Primary issue to be considered is whether CIC, under provisions of Section 12(4) of RTI Act, has authority to constitute benches of CIC and frame Regulations for effective management and allocation of work within Commission, including issuance of orders and formation of committees.

Findings of Court:

By focusing on terminology, objections fail to appreciate functional equivalence of these regulations to other forms of administrative guidance. The regulations were crafted to address the practical needs of the Commission, providing structure and clarity to its operations, in any administrative context. Therefore, raising objections based solely on the label "Regulations" is an exercise in semantics rather than a substantive argument.

Result : Appeal allowed.