CJI on the ambit of RTI in judicial domain

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SUBHASH CHANDRA AGRAWAL

11 May, 2010

In commenting RTI Act as a legislation attributing to judicial interventions, outgoing Chief Justice of India KG Balakrishnan has confessed that administrative side of country's judicial system is definitely under RTI purview.

WHILE COMMENTING on RTI Act as a legislation attributing to judicial interventions, outgoing Chief Justice of India KG Balakrishnan has confessed that administrative side of country’s judicial system is definitely under purview of RTI Act as passed by the Parliament. As such all pleas in Supreme Court by its own registry against three CIC decisions relating to judiciary should lose ground.

It was mishandling of RTI petition by Supreme Court registry when it declined to reveal simple information sought on the unanimous resolution passed by all the judges of Supreme Court even though copy of the important document was provided by the registry itself.

Another petition related to revelation by Justice R Raghupati of Madars High Court about some Union Minister having approached him. Such disclosures would expose influence, if any, by those in legislature on judiciary thus being in interest of judicial independence rather than against it as feared by some people in judiciary.

Third petition related to appointing judges at higher courts where even Chief Justice of India admitted High Courts were packed with favourites. Supreme Court collegium had to withdraw its recommendation for elevating PD Dinakaran to Supreme Court but only after media leaked news of an otherwise hidden recommendation in present non-transparent system of appointing judges. Legal luminary Fali S Nariman was shocked by revelation of behind-the-scenes bitter truth behind superseding of distinguished judges like AP Shah (earlier AK Patnaik also).

Judicial independence is a must. But sufficient checks are also necessary so that such independence may not be misused as tool of dictatorship/misconduct/corruption or any other malpractice in the system. RTI Act in present form has proved to be an effective tool to provide such a check, and must not be diluted. Otherwise also, legislature and bureaucracy are always accountable to judiciary. RTI Act has induced accountability to some extent in administrative side of judicial system.