CIC has powers to constitute benches, frame regulations, says SC

The Central Information Commission has powers to constitute benches and frame regulations, the Supreme Court has said while observing that the autonomy of CIC is of paramount importance for its effective functioning. A bench of Justice Vikram Nath and Justice Satish Chandra Sharma last Wednesday said the autonomy and independence of administrative bodies are fundamental to their ability to perform their designated functions effectively.

"The Chief Information Commissioner's powers to frame regulations pertaining to the constitution of benches of the commission are upheld as such powers are within the ambit of Section 12(4) of the RTI Act," the bench said.

The top court said institutions like the Central Information Commission (CIC) are established to carry out specialised tasks that require a level of impartiality and expertise that can only be achieved if they are free from undue interference.


"While the RTI Act does not explicitly grant CIC the authority to frame regulations, the overarching powers granted under Section 12(4) of the RTI Act inherently include the ability to manage the commission's affairs effectively.

"These regulations are essential tools for ensuring efficient administration and operation of the commission, addressing various procedural and managerial aspects necessary for fulfilling its mandate," the bench said.

The observations of the top court came in a judgement in which it set aside a 2010 verdict of the Delhi High Court.

The high court, by the impugned order, quashed the Central Information Commission (Management) Regulations, 2007, framed by the chief information commissioner and held that the CIC has no power to constitute benches of the commission.

The apex court, however, said ensuring the independence of these bodies is essential for maintaining the integrity and efficacy of the administrative system.

Interfering in the functioning of these bodies can be detrimental, as it undermines their ability to operate efficiently and impartially, it said.

The top court said the purpose of the RTI Act is to promote transparency and accountability in the functioning of public authorities, ensuring citizens' right to information.

"To achieve these objectives effectively, it is essential that the Central Information Commission operates efficiently and without undue procedural constraints," the top court bench said.