The Right To Information (RTI) Act is not applicable to discussions of the collegium, the Supreme Court said in a ruling on December 9.
- The apex court added that only a resolution drawn and signed by all the judges in the collegium can be said to be the final decision, open for public to know.
- The actual resolution passed by the collegium regarding appointment of judges only can be said to be a final decision of the collegium, said the bench, adding a resolution is the document drawn and signed by all the members of the collegium after completing the process of deliberation and consultation.
Supreme Court and RTI
- The five judges bench of the Supreme Court in 2019 held that the Office of the Chief Justice of India (CJI) is a ‘public authority’ under the Right to Information (RTI) Act.
- The main judgment of the Constitution Bench said the Supreme Court is a ‘public authority’ and the office of the CJI is part and parcel of the institution. Hence, if the Supreme Court is a public authority, so is the office of the CJI.
- Under Section 2 (h) of the RTI Act, “Public authority” means any authority or body or institution of self government established or constituted— (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature .
