Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Right to Information Act 2005 – ss. 3 and 4 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Right to Information Act, 2005 (22 of 2005) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Issue for consideration : Direction sought by Writ Petitioner toimplement the mandate of s.4 of the Right to Information Act, 2005.Right to Information Act, 2005 – ss. 3 and 4 – Obligation of publicauthorities – Principle of accountability:Held : Power and accountability go hand in hand – While declaringthat all citizens shall have the ‘right to information’ u/s.3 of the Act, the corelative‘duty’ in the form of obligation of public authorities is recognized ins.4 of the Act – The core of the right created u/s.3 in reality rests on the duty toperform statutory obligations – The purpose and object of the statute will beaccomplished only if the principle of accountability governs the relationshipbetween ‘right holders’ and ‘duty bearers’ – The Central InformationCommission and the State Information Commissions have a prominentplace and statutory recognition – The Central Information Commission andthe State Information Commissions directed to continuously monitor theimplementation of the mandate of s.4 of the Act as also prescribed by theDepartment of Personnel and Training in its Guidelines and Memorandumsissued from time to time – Commissioners entitled to issue recommendationsunder sub-section (5) of s.25 to public authorities for taking necessary stepsfor complying the provisions of the Act. [Paras 22, 25 and 26]Right to Information Act, 2005 – s.25 – Mechanism of ‘Monitoringand Reporting’ – Discussed. |
Judge | Hon'ble Mr. Justice Pamidighantam Sri Narasimha |
Neutral Citation | 2023 INSC 741 |
Petitioner | Kishan Chand Jain |
Respondent | Union Of India & Ors. |
SCR | [2023] 11 S.C.R. 198 |
Judgement Date | 2023-08-17 |
Case Number | 990 |
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