Supreme Court Affirms CIC’s Powers to Constitute Benches and Frame Regulations

New Delhi July 13, 2024 : In a significant ruling, the Supreme Court has affirmed that the Central Information Commission (CIC) possesses the authority to constitute benches and frame regulations. This decision underscores the paramount importance of the CIC’s autonomy for its effective functioning.

A bench comprising Justice Vikram Nath and Justice Satish Chandra Sharma emphasized that administrative bodies like the CIC must operate with a level of impartiality and expertise achievable only through independence from undue interference.

“The Chief Information Commissioner’s powers to frame regulations concerning the constitution of benches are upheld, as these powers fall within the ambit of Section 12(4) of the RTI Act,” the bench declared.

The Supreme Court noted that while the RTI Act does not explicitly grant the CIC the authority to frame regulations, the broader powers under Section 12(4) inherently include the ability to manage the commission’s affairs effectively. These regulations are deemed essential for ensuring the efficient administration and operation of the commission, addressing procedural and managerial aspects necessary for fulfilling its mandate.

This ruling overturns a 2010 Delhi High Court verdict which had quashed the Central Information Commission (Management) Regulations, 2007, framed by the Chief Information Commissioner, asserting that the CIC lacked the power to constitute benches.

The apex court highlighted that the independence of such bodies is crucial for maintaining the integrity and efficacy of the administrative system. Undue interference in their functioning can undermine their ability to operate efficiently and impartially.

The Supreme Court reiterated that the purpose of the RTI Act is to promote transparency and accountability in the functioning of public authorities, ensuring citizens’ right to information. To achieve these objectives, the CIC must operate efficiently and without undue procedural constraints.

This ruling reinforces the CIC’s autonomy, ensuring it can perform its specialised tasks effectively, free from external pressures.