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CJI should come under RTI Act: panel

Legal Correspondent

New Delhi: A Parliamentary Committee on Ministry of Law and Justice, in its report placed in Parliament on Tuesday, made it clear that all the constitutional authorities, including the Chief Justice of India (CJI), would come under the ambit of the Right to Information Act.

In its 25th report, the Committee, headed by its Chairman E.M. Sudarsana Natchiappan, said “Except the judicial decision making, all other activities of administration and the persons included in it (judiciary) are subject to the RTI Act.”

The committee’s recommendations assume importance in the context of the stand of the present CJI, K.G. Balakrishnan, that the office of the CJI would not come under the purview of the RTI Act as it was a constitutional authority.

Interpreting Section 2 (h) of the Act, the Committee said: “The definition of public authority is very clear that all the constitutional authorities come under the definition of public authority. All the three wings of the state — the executive, the legislature and the judiciary — are fully covered under this Act, since all organs of the state are accountable to the citizens of India in a democratic state.”

It further said, “It is more so since the judiciary is having a dual role: (i) administrative function and (ii) judicial decision making. Except the judicial decision making, all other activities of the administration and the persons included in it are subject to the RTI Act.”

The panel recommended to the government to address the issues highlighted in the report and take steps to ensure that the fruits of the Act were enjoyed by the public.

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