KISHAN CHAND JAIN versus UNION OF INDIA & ORS.

KISHAN CHAND JAIN versus UNION OF INDIA & ORS.

The Supreme Court directed that the Central Information Commission and State Information Commissions shall continuously monitor implementation of the mandate of Section 4 of the Right to Information Act, 2005, including compliance with DoPT Guidelines and O.M. dated 07.11.2019, and that Commissioners are entitled to issue recommendations under Section 25(5) to public authorities to secure compliance; the writ petition was disposed accordingly.

Parties
Petitioner: Kishan Chand Jain; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
17 August 2023
Procedural Posture
Writ Petition (civil) / Disposed by Supreme Court on Judgment Dated August 17, 2023
Outcome
Writ Petition (Civil) No. 990 of 2021 disposed; directions issued to Central Information Commission and State Information Commissions to ensure implementation of Section 4 RTI Act
Legal Topics
Section 4 Obligations of Public Authorities, Monitoring and Reporting Under Section 25, Proactive Disclosure and Transparency Audits, Accountability of Public Authorities
Right to Information Act, 2005 Administrative Law Constitutional Law Section 4 Obligations of Public Authorities Monitoring and Reporting Under Section 25 Proactive Disclosure and Transparency Audits Accountability of Public Authorities

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Parties

Kishan Chand Jain

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Disposed by Supreme Court on Judgment Dated August 17, 2023

Legal Issues

  1. 1 Whether public authorities must implement the mandate of Section 4 of the Right to Information Act, 2005 and follow DoPT guidelines
  2. 2 What role Central Information Commission and State Information Commissions have under Section 25 to monitor and report implementation of the Act
  3. 3 Whether CIC/SIC may issue recommendations under Section 25(5) to ensure conformity with the Act

Ratio Decidendi

The Supreme Court directed that the Central Information Commission and State Information Commissions shall continuously monitor implementation of the mandate of Section 4 of the Right to Information Act, 2005, including compliance with DoPT Guidelines and O.M. dated 07.11.2019, and that Commissioners are entitled to issue recommendations under Section 25(5) to public authorities to secure compliance; the writ petition was disposed accordingly.

Court Disposition

Writ Petition (Civil) No. 990 of 2021 disposed; directions issued to Central Information Commission and State Information Commissions to ensure implementation of Section 4 RTI Act

Orders

  • Central Information Commission and State Information Commissions shall continuously monitor implementation of Section 4 of the Right to Information Act, 2005, including adherence to DoPT guidelines and O.M. dated 07.11.2019
  • Commissioners are entitled to issue recommendations under Section 25(5) of the Act to public authorities to take necessary steps for compliance