oppn parties CJI's Office Is Brought Under The RTI Act But Reasons For Most Decisions Might Still Not Be Disclosed

News Snippets

  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
Stock markets on fire due to US results, Sensex gains 2008 points to reach its highest level in 8 months
oppn parties
CJI's Office Is Brought Under The RTI Act But Reasons For Most Decisions Might Still Not Be Disclosed

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court has done well to bring the office of the Chief Justice of India under the RTI Act. It was the Delhi High Court which had first ruled that the CJI's office should come under the said act. The five-judge apex court bench has now confirmed the same, but with certain qualifications. It has asked Information Commissioners under the RTI Act to bear in mind that the independence of the judiciary and the right to privacy is not compromised before accepting applications.

The ordinary citizen will be able to seek information on appointments and transfers of judges to high courts and the Supreme Court but he or she will not be allowed to know the reasons behind the decisions. This is mainly because the collegium decisions are based on inputs about the judges from the Intelligence Bureau (IB) and the IB is not under the RTI Act. Hence, any information a citizen seeks about why the decision to transfer a judge was taken would in all probability be met with the standard reply that it was based on IB inputs and hence cannot be disclosed.

But the very fact that the court has decided to be transparent is a reason to celebrate. For, citing independence of the judiciary, many administrative decisions of the office of the CJI are shrouded in secrecy. In a highly controversial and much-publicized move, five judges of the Supreme Court, including the current CJI, Justice Ranjan Gogoi, had gone public with their grouse against the then CJI Justice Dipak Misra, alleging that he was being partial in allotting high profile cases to junior judges. Yet after he became the CJI, Justice Ranjan Gogoi discontinued the practice of publishing the decisions of the collegium, along with the reasons, on the Supreme Court website, something that Justice Misra had started. That was a blow to transparency. The reluctance of the judiciary to disclose its decisions can be seen from this reversal.

Although it will be wrong to expect the moon from the verdict, it is a step in the right direction. There must be more transparency in the administrative decisions of the apex court. The case was remarkable for the fact that the administrative side of the judiciary was a litigant before the judicial side and the latter decided against itself. It is certain that greater judicial accountability will ensue after this verdict as the insulation the apex court had used citing independence of the judiciary will now come to an end, to a large extent.