4.4.3 Supreme Court and High Court: Recent acts in significance-RTI

 

Introduction

The Supreme Court and High Courts play a major role in strengthening transparency, accountability, and good governance in India.
One of the most important steps in this direction is the Right to Information (RTI) Act, 2005, which ensures that citizens have access to information held by public authorities.

Both the Supreme Court and High Courts have consistently upheld the spirit of transparency, declaring RTI as a fundamental pillar of democracy.

1. Right to Information (RTI) Act, 2005 – Significance

RTI empowers citizens to:

  1. Access government records, files, and decisions

  2. Expose corruption and misuse of power

  3. Demand accountability from public authorities

  4. Strengthen transparency in governance

RTI = Citizens’ right to know + Government’s duty to inform

This Act is closely linked to Article 19(1)(a) – Freedom of Speech & Expression, interpreted by the courts as including the right to know.



2. Supreme Court: Key Role & Important Judgments on RTI

The Supreme Court has expanded the meaning and scope of RTI through landmark decisions.

1. RTI as a Fundamental Right (Article 19(1)(a))

The Supreme Court has held that “Right to Information is a part of Freedom of Speech and Expression.”
This makes RTI constitutionally protected.

2. Judges’ Assets Case (2009)

The Supreme Court ruled that information about judges' assets must be disclosed under RTI.
This increased transparency in the judiciary.

3. Political Parties under RTI (2013 - CIC Decision & SC Support)

Court supported the principle that political parties receiving public funds show public accountability.

4. Supreme Court under RTI (2019 Judgement)

A landmark ruling declared:

The Office of the Chief Justice of India (CJI) is also a “public authority” under RTI.

This strengthened transparency within the judiciary itself.

5. Limitations to Protect Judicial Independence

Supreme Court also clarified that RTI should not:

  • Interfere with judicial independence

  • Demand confidential case discussions

  • Reveal collegium details that may affect fair appointments

This maintains a balance between transparency and judicial autonomy.



3. High Courts: Role & Significant Contributions in RTI

High Courts across India have played a major role in protecting RTI.

1. Ensuring Public Authority Accountability

High Courts regularly direct:

  • Government departments

  • Municipal bodies

  • Police

  • State institutions

…to provide timely and complete information.

2. RTI and Public Interest

Many High Courts expanded RTI by ruling that:

  • Information cannot be denied without valid reasons

  • Denial cannot be vague (“not available”)

  • Public authorities must maintain proper records

  • Information must be shared unless it threatens national security or privacy

3. Personal Data vs RTI

High Courts clarified the balance between:

  • Personal privacy (Article 21) and

  • Public right to know (RTI)

They held that only justified and reasonable privacy claims can restrict RTI.

4. Suo Motu Disclosure

High Courts remind governments to follow Section 4 of RTI Act:

  • Publish information proactively

  • Reduce the need for RTI applications

This ensures digital transparency.



4. Recent Significance of RTI (Judicial Perspective)

RTI remains a powerful tool in India due to judicial support:

1. Transparency in Judiciary

  • Judicial appointments

  • Asset declarations

  • Administrative decisions

2. Strengthening Democracy

RTI fights corruption and increases public participation.

3. Good Governance

Courts emphasize:

  • Efficiency

  • Accountability

  • Rule of law

4. Digital RTI Initiatives

Courts support:

  • Online RTI portals

  • E-filing

  • Digitization of records

5. Balancing Transparency & Confidentiality

Courts ensure RTI does not:

  • Affect judicial independence

  • Reveal sensitive or personal data

  • Disturb ongoing investigations

Conclusion

The Supreme Court and High Courts play a crucial role in protecting and shaping the RTI system in India.
Their judgments ensure:

  • Transparency

  • Accountability

  • Good governance

  • Protection of rights

RTI remains one of the most powerful democratic tools, strengthened continuously by judicial interpretation and constitutional support.





For Full Chapter  --->  22IMC7Z2 CONSTITUTION OF INDIA Unit-wise



— End of Article | Aivette-COI (Constitution of India by Aivette)

Your simple, smart guide to understanding the Indian Constitution.




— Aivette-COI

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