Case Note & Summary
The petitioner, Anjali Bhardwaj, filed an RTI application seeking the agenda, decisions, and resolutions of the Supreme Court Collegium meeting held on December 12, 2018. The CPIO, Supreme Court of India, rejected the request. The First Appellate Authority and the Central Information Commission upheld the rejection, noting that no final decision was taken in that meeting. The petitioner then filed a writ petition before the Delhi High Court, which was dismissed by the Single Judge and subsequently by the Division Bench in LPA No. 442/2022. Aggrieved, the petitioner approached the Supreme Court by way of Special Leave Petition. The Supreme Court dismissed the petition, holding that the Collegium is a multimember body whose decisions are embodied in formal resolutions drawn and signed by all members. The meeting on December 12, 2018, did not result in a final resolution; the subsequent resolution dated January 10, 2019, stated that the consultation was not completed. Therefore, no final decision was taken, and the information sought was not required to be disclosed under the RTI Act. The Court also rejected reliance on media reports quoting a Collegium member, stating that only the final resolution is authoritative. The petition was dismissed with no order as to costs.
Headnote
A) Right to Information Act - Disclosure of Collegium Proceedings - Final Decision Requirement - Section 8(1)(e) RTI Act, 2005 - The petitioner sought disclosure of agenda, decisions, and resolutions of the Supreme Court Collegium meeting held on December 12, 2018. The Court held that unless a final decision is taken after due consultation and a formal resolution is drawn and signed by all members, the discussions remain tentative and are not required to be disclosed under the RTI Act. The subsequent resolution dated January 10, 2019 clarified that the consultation was not completed. Therefore, the information sought was not disclosable. (Paras 5-5.2)
B) Right to Information Act - Reliance on Media Reports - Not Substantive Evidence - Section 8(1)(e) RTI Act, 2005 - The petitioner relied on a news article quoting a Collegium member about decisions taken. The Court held that such media reports cannot be relied upon to establish that a final decision was taken; the final resolution is the only authoritative record. (Paras 5.1-5.2)
C) Supreme Court Collegium - Resolution dated October 3, 2017 - Uploading of Decisions - Only final resolutions and decisions are required to be uploaded on the Supreme Court website, not tentative discussions or incomplete consultations. (Para 5)
Issue of Consideration
Whether the agenda, decisions, and resolutions of the Supreme Court Collegium meeting held on December 12, 2018, which did not culminate in a final resolution, are required to be disclosed under the Right to Information Act, 2005.
Final Decision
The Supreme Court dismissed the Special Leave Petition, holding that no final decision was taken in the Collegium meeting on December 12, 2018, and therefore, the information sought was not required to be disclosed under the RTI Act. The petition was dismissed with no order as to costs.
Law Points
- Right to Information Act
- 2005
- Section 8(1)(e)
- Collegium decisions
- final resolution
- tentative decision
- disclosure of discussions
- RTI Act applicability to judicial proceedings
Case Details
2022 LawText (SC) (12) 52
Petition for Special Leave to Appeal (C) No. 21019 of 2022
M. R. Shah, C.T. Ravikumar
CPIO, Supreme Court of India, (RTI Cell)
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Nature of Litigation
Civil appeal by special leave against the judgment of the Delhi High Court dismissing the writ petition seeking disclosure of Collegium meeting details under RTI Act.
Remedy Sought
The petitioner sought disclosure of the agenda, decisions, and resolutions of the Supreme Court Collegium meeting held on December 12, 2018.
Filing Reason
The CPIO rejected the RTI application, and subsequent appeals were dismissed on the ground that no final decision was taken in the meeting.
Previous Decisions
The First Appellate Authority and the Central Information Commission dismissed the appeals. The Delhi High Court Single Judge and Division Bench dismissed the writ petition and LPA.
Issues
Whether the agenda, decisions, and resolutions of the Supreme Court Collegium meeting held on December 12, 2018, which did not culminate in a final resolution, are required to be disclosed under the Right to Information Act, 2005.
Submissions/Arguments
The petitioner argued that certain decisions were taken in the Collegium meeting on December 12, 2018, and relied on a news article quoting a Collegium member to assert that decisions were made. The petitioner contended that the decisions should be uploaded on the Supreme Court website as per the Resolution dated October 3, 2017.
The respondent (CPIO) contended that no final decision was taken in the meeting, as the consultation was not completed, and therefore, the information was not disclosable.
Ratio Decidendi
A final decision of the Supreme Court Collegium is only that which is embodied in a formal resolution drawn and signed by all members. Tentative discussions or incomplete consultations do not constitute a final decision and are not required to be disclosed under the RTI Act. Media reports cannot substitute for the official resolution.
Judgment Excerpts
Unless and until, a final decision is taken after due consultation and on the basis of such a final decision a final resolution is drawn, whatever discussions had taken place cannot be said to be a final decision of the Collegium.
Collegium is a multimember body whose decision embodied in the resolution that may be formally drawn up and signed.
Only after the final resolution is drawn and signed by the members of the Collegium, which is always after completing the due procedure and the process of discussion/deliberations and consultation, the same required to be published on the Supreme Court website as per Resolution dated 03.10.2017.
Procedural History
The petitioner filed an RTI application on an unspecified date, which was rejected by the CPIO on March 11, 2019. The first appeal (Appeal No. 75/2019) was dismissed by the First Appellate Authority. The second appeal was dismissed by the Central Information Commission. The petitioner then filed Writ Petition (C) No. 4129/2022 before the Delhi High Court, which was dismissed by the Single Judge. The Letters Patent Appeal (LPA) No. 442/2022 was dismissed by the Division Bench on July 27, 2022. The petitioner then filed the present Special Leave Petition before the Supreme Court, which was dismissed on December 9, 2022.
Acts & Sections
- Right to Information Act, 2005: Section 8(1)(e)
