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Central Information Commission can frame rules, form benches, external committees: Supreme Court

The Supreme Court at the outset underscored that the autonomy and independence of administrative bodies are fundamental to their ability to perform their designated functions effectively.

“These institutions are established to carry out specialized tasks that require a level of impartiality and expertise, which can only be achieved if they are free from undue interference. Ensuring their independence is essential for maintaining the integrity and efficacy of the administrative system. Interfering in the functioning of these bodies can be detrimental, as it undermines their ability to operate efficiently and impartially,” the Court underlined.

A restrictive interpretation of the CIC’s powers or direct interventions that impede their operational autonomy, would constitute interference in its functioning, the Court held.

“Administrative bodies must have the freedom to establish and implement internal procedures and regulations that best suit their unique mandates and operational needs. The principle of non-interference is not merely an administrative convenience but a cornerstone for upholding the rule of law and ensuring that these bodies can serve the public interest effectively. When these institutions are allowed to function without external pressures, they can make decisions based on expertise and objective criteria, which enhances their credibility and public trust,” the order said.

Sections 12(4) and 15(4) of the RTI Act clearly provide the CIC powers to frame its own regulations and delegate its power to a committee formed by it, the Court made it clear.

Therefore, arguments against its wide regulatory powers are not substantive but rather a question of semantics.

“The CIC must be allowed to operate independently and exercise its powers of superintendence, direction, and management without external constraints. 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 ability to form benches and allocate work among Information Commissioners is essential for the CIC to manage its workload effectively and uphold the citizens’ right to information,” it observed in conclusion.

Source: Barandbench

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