The Central Information Commission has the authority to create benches and develop regulations: Supreme Court

The Central Information Commission has the power to appoint benches and draft regulations, the Supreme Court said, noting that the autonomy of the Central Information Commission is crucial for its effective functioning.

Last Wednesday, a bench of Justices Vikram Nath and Satish Chandra Sharma ruled that autonomy and independence of administrative bodies are fundamental for the effective discharge of their designated functions.

“The powers of the Chief Information Commissioner to make regulations regarding the appointment of committees are upheld as they fall within the scope of section 12(4) of the Freedom of Information Act,” the bench said.

The top court said institutions like the Central Information Commission (CIC) were established to carry out specialised tasks requiring a level of impartiality and expertise that could only be achieved if they were free from undue interference.

“Although the RTI Act does not expressly confer on the CIC the power to make rules, the overarching powers conferred under Section 12(4) of the RTI Act include the ability to effectively administer the affairs of the commission.

“These provisions constitute essential tools for ensuring the effective administration and functioning of the commission, regulating various procedural and managerial aspects necessary for the fulfilment of its mandate,” the adjudicating panel stated.

The Supreme Court’s observations were contained in a judgment that set aside a 2010 judgment of the Delhi High Court.

The Supreme Court, by its impugned order, set aside the provisions of the Central Information Commission (Management) Regulations, 2007, made by the Chief Information Commissioner, and held that the CIC had no power to appoint the adjudicating panels of the commission.

However, the Supreme Court has stated that ensuring the independence of these bodies is essential to maintaining the integrity and effectiveness of the administrative system.

Interference in the functioning of these bodies can be harmful because it undermines their ability to act effectively and impartially, it said.

The Supreme Court stated that the purpose of the Access to Public Information Act is to promote transparency and accountability in the functioning of public authorities, guaranteeing citizens the right to information.

“To effectively achieve these goals, it is crucial that the Central Information Commission operates efficiently and without unnecessary procedural restrictions,” the highest bench of the Supreme Court stated.