Opinion - Letters to the Editor   

RTI in judiciary

I also disagree with the contention of the Chief Justice of India that being a Constitutional functionary, his office does not fall in the category of “Public Servant” and, as such, is not covered under the Right to Information Act (RTI). Without going into the merits of his stand, it is submitted that the repute and image of Indian judiciary would elevate further if the RTI is implemented by the judiciary in letter and in spirit albeit with suitable exceptions so as to protect the independence of the judiciary.

Our judiciary, which is one of the strongest in the world and which enjoys an exalted status above all other pillars of democracy, ought to set a hallmark in the implementation of RTI so that other organs of our system may follow suit. Let the judiciary deliver a message that it is not hesitant to adopt transparency mechanisms so as to shed its hitherto opaque image. That would silence its critics who often decry lack of accountability and openness in its functioning. Already, the Central Information Commission has held in the past months that neither the judicial proceedings (which includes notes, minutes and jottings of court proceedings) nor the process of selection methodology in regard to the appointment of judges of higher judiciary, would be covered under the RTI. If needed, an RTI code for the judiciary can be framed separately so that there can be effective and uniform adoption of the act across country.

Hemant Kumar

Ambala

The Chief Justice of India’s assertion that the higher judiciary ought not to be under the purview of the RTI Act is not acceptable. Without doubt, the higher judiciary is a public authority.

On the failures of the members and legislators of the executive, the judges deliver verdicts on public pleas. And in the process of executing orders on public hearings, the judges are becoming more of public servants than arbitrators.

Moreover, it has been argued for a long time that there is no proper institutional mechanism to ensure transparency in the judiciary. In this context, the RTI Act can be relevant to the Supreme Court and the High Courts.

P. Senthil Saravana Durai

Eral, (Tamil Nadu)

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