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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Right to Information LawSupreme Court of India

Anjali Bhardwaj vs CPIO, Supreme Court of India (RTI Cell)

SLP(C) · 2022 INSC 1271Decided 9 Dec 2022
SLP(C) No. 21019 of 2022

Background

The petitioner filed an RTI application seeking the agenda, decisions, and resolutions of the Supreme Court Collegium's meeting held on 12 December 2018 (concerning elevation of judges). Her request was rejected at every stage (by the CPIO, the First Appellate Authority, and the High Court (both the Single Judge and Division Bench)) on the ground that no final decision had actually been taken in that meeting.

Decision Breakdown

The Supreme Court dismissed the petition. It held that a Collegium's discussions during a meeting remain only "tentative" until they crystallize into a final resolution formally drawn up and signed by its members; only such a final, signed resolution is required to be disclosed under the Collegium's own 2017 resolution on transparency. The subsequent Collegium resolution of 10 January 2019 made clear that the consultation process begun on 12 December 2018 had not been completed and no final decision was reached, so there was nothing concrete to disclose. The Court declined to rely on media reports or a Collegium member's press remarks as proof of a "final decision."

Lesson Learnt

Under the RTI framework applicable to the Collegium, only a final, signed resolution is disclosable: unconcluded internal deliberations, even if reported in the media, do not qualify as a "decision" that citizens can demand through an RTI request.

Anjali Bhardwaj vs CPIO, Supreme Court of India (RTI Cell) – Legal Case Shots | LegalAware