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Central Information Commission vs Delhi Development Authority

Not available · 2024 INSC 513Decided 10 Jul 2024
Not available
Justice Vikram Nath · Justice Satish Chandra Sharma

Background

An RTI applicant had sought information regarding the ongoing modification of Delhi's Master Plan 2021 and asked the Delhi Development Authority (DDA) to comply with its proactive-disclosure duties under Section 4 of the RTI Act. The Central Information Commission (CIC) set up a committee to inquire into the DDA's compliance, acting under Regulations it had framed for constituting Benches and managing its own procedures. The DDA challenged this before the Delhi High Court, which quashed the CIC's Management Regulations altogether, holding that the CIC had no power to frame such Regulations or constitute Benches for itself.

Decision Breakdown

The Supreme Court held that Section 12(4) of the RTI Act grants the CIC general powers of superintendence, direction, and management of its own affairs, and that framing internal Regulations to organise its Benches and functioning falls squarely within this power. It is functionally no different from any administrative circular or rule that a body needs to manage its own workload. The Court rejected the argument that using the word "Regulations" (rather than "circular" or "guideline") somehow elevated these into invalid subordinate legislation requiring separate statutory backing. Emphasising that administrative bodies like the CIC need operational autonomy to function efficiently and serve the public, the Court set aside the High Court's judgment and upheld the CIC's power to frame such Regulations.

Lesson Learnt

An independent regulatory or oversight body that is given a general statutory power of "superintendence, direction, and management" over its own affairs can validly frame its own internal rules (whatever they are labelled) to organise how it works, such as constituting benches, without this being treated as unauthorised law-making.

Official source (sci.gov.in)View Judgment (PDF)

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