'Ensure Public Authorities Follow Mandate Of Section 4 RTI Act' : Supreme Court Directs Central/State Information Commissioners

The Supreme Court directed the Central Information Commission and the State Information Commissions to ensure proper implementation of the mandate of Section 4 of the Right to Information Act.

"While declaring that all citizens shall have the ‘right to information’ under Section 3 of the Act, the co-relative ‘duty’ in the form of obligation of public authorities is recognized in Section 4.", the bench of Justices DY Chandrachud, PS Narasimha and JB Pardiwala observed.

The court observed thus in a Public Interest Litigation filed by Kishan Chand Jain who sought a direction to implement the mandate of Section 4 RTI Act.

Section 4 of the RTI Act lists the statutory obligations of public authorities. They are: (a) maintenance of all public records, duly catalogued and indexed for easy accessibility of the information; (b) publishing particulars of the organisational structure, functions and duties of officers, procedures that are followed for decision-making, salary structure, budget allocation, publication of facts relating to policies and announcements which includes providing reasons for quasijudicial decisions. Sub-section (2) mandates the public authority to take steps for providing information under clause (b) of sub-section (1) suo motu and further to disseminate the said information for easy accessibility to the public. 

The court observed that the public accountability is a crucial feature that governs the relationship between ‘duty bearers’ and ‘right holders’

"Having examined the Right to Information established by the statute under Section 3 in the context of the obligations of public authorities under Section 4, we are of the opinion that the purpose and object of the statute will be accomplished only if the principle of accountability governs the relationship between ‘right holders’ and ‘duty bearers’. The Central and State Information Commissions have a prominent place, having a statutory recognition under Chapters III and IV of the Act and their powers and functions all enumerated in detail in Section 18 of the Act. We have also noted the special power of ‘Monitoring and Reporting’ conferred on the Central and State Information Commissioners which must be exercised keeping in mind the purpose and object of the Act, i.e., ‘to promote transparency and accountability in working of every public authority’", the court observed.

Thus the court directed the Central Information Commission and the State Information Commissions to continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time. The system needs the concerned authority’s complete attention, followed by strict and continuous monitoring, the bench added.

Kishan Chand Jain vs Union of India | 2023 LiveLaw (SC) 665 |  2023 INSC 741

Right to Information Act, 2006 ; Section 4 - Central Information Commission and the State Information Commissions to continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time - Power and accountability go hand in hand. While declaring that all citizens shall have the ‘right to information’ under Section 3 of the Act, the co-relative ‘duty’ in the form of obligation of public authorities is recognized in Section 4. The core of the right created under Section 3 in reality rests on the duty to perform statutory obligations. Public accountability is a crucial feature that governs the relationship between ‘duty bearers’ and ‘right holders. (Para 22-27)

Click Here To Read/Download Judgment