Central Information Commission has powers to constitute benches, frame regulations, says SC

New Delhi: The Supreme Court has said the Central Information Commission (CIC) has powers to constitute benches and frame regulations as the ability to allocate work among Information Commissioners is essential for the CIC to manage its workload effectively and uphold the citizens' right to information.

A bench of Justices Vikram Nath and Justice Satish Chandra said the Central Information Commission must be allowed to operate independently and exercise its powers of superintendence, direction and management without external constraints.

The court pointed out that the Commission’s autonomy ensured that it can fulfil its role in promoting transparency and accountability, which are the cornerstones of the RTI Act.

Acting on an appeal by the CIC, the apex court set aside the Delhi High Court's order of 2010, which quashed the Central Information Commission (Management) Regulations, 2007, framed by the Chief Information Commissioner and held that the CIC has no power to constitute benches of the Commission.

The court said 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 bench said.

The court said the autonomy of the Central Information Commission is of paramount importance to its effective functioning.

"Any undue interference in its administrative functions, such as the power to constitute benches, would significantly impede its ability to handle the large volume of cases efficiently and expeditiously," it said.

The court noted while the 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.

The bench pointed out it is necessary to elucidate that under Section 12(4) of the RTI Act, the CIC has the authority to issue various forms of administrative guidelines, directives and instructions essential for the effective management of its affairs.

The court noted the Delhi High Court's narrow reading of the provisions overlooked the inherent powers of the CIC to manage the affairs of the Commission.

"The RTI Act's broad language suggests that the legislative intent was to provide the CIC with the necessary authority to implement measures that ensure the Commission's effective operation,” the court said.