New Delhi (Agency): The Supreme Court of India has taken an important step towards enhancing transparency and accountability within public authorities. A three-judge bench, led by Chief Justice D Y Chandrachud, directed the Central Information Commission and the State Information Commissions to ensure proper implementation of provisions of the Right to Information (RTI) Act, 2005. This includes a focus on the proactive disclosure of information by public authorities.
Chief Justice Chandrachud emphasized that public accountability is vital in governing the relationship between ‘duty bearers’ and ‘right holders’. The court noted that power and accountability are connected, and all citizens have the “right to information” under Section 3 of the RTI Act. Correspondingly, public authorities have the ‘duty’ to fulfill this obligation, as recognized in Section 4 of the Act.
“We direct that the Central Information Commission and the State Information Commissions shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time,” the bench stated. The other two justices on the bench were P S Narasimha and J B Pardiwala.
Section 4 of the RTI Act deals with the obligations of public authorities, specifically guiding them on what information should be disclosed proactively. Section 4(1)(b) of the RTI Act outlines the information to be disclosed on a proactive or suo motu basis, and Sections 4(2) and 4(3) describe the method of disseminating this information.
The directive from the Supreme Court came in response to a plea filed by Kishan Chand Jain. The plea called for effective implementation of Section 4 of the RTI Act, focusing on the obligations of public authorities. The Public Interest Litigation (PIL) argued that this provision is the “soul” of RTI, and without it, the Act remains merely symbolic.
The plea also highlighted reports from the Central Information Commission, showing poor compliance with Section 4’s mandate. Furthermore, the Department of Personnel and Training’s Office Memorandum required a third-party audit, which reportedly witnessed inadequate participation.
The Supreme Court’s decision to ensure the proper implementation of the RTI Act emphasizes the importance of transparency and accountability in government. By directing continuous monitoring and adherence to the Act’s provisions, the court aims to foster a more transparent relationship between public authorities and the citizens they serve. This directive is expected to have a lasting impact on good governance and the citizens’ right to access vital information.
