VidhiSangh

Supreme Court of India · 13/11/2019

CENTRAL PUBLIC INFORMATION OFFICER, versus SUBHASH CHANDRA AGARWAL

[2019] 16 S.C.R. 424 · 2019 INSC 1233

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Summary

The Constitution Bench held that the office of the Chief Justice of India falls within the Supreme Court as a public authority under the RTI Act. Information on whether judges filed asset declarations was disclosable. Requests concerning judicial appointments and alleged influence were remitted for third-party notice and fresh decisions balancing transparency, privacy, confidentiality and judicial independence.

Issues

  1. Whether the Chief Justice’s office formed part of the Supreme Court public authority under the RTI Act.
  2. Whether fiduciary capacity or privacy barred the requested information.
  3. How third-party interests and judicial independence affected disclosure.

Provisions considered

Held

Result

Civil Appeal 2683 of 2010 dismissed: disclosure of which Supreme Court judges had filed asset declarations was upheld. Civil Appeals 10044 and 10045 of 2010 partly allowed and remitted to the CPIO for third-party notice, hearing and fresh decisions under the stated principles. Disclosure of all asset contents or all collegium correspondence was not ordered.

Judgment PDF: Supreme Court of India, [2019] 16 S.C.R. 424.