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“It cannot be anybody’s case that the change in the procedure of judges should happen completely outside the notice or the knowledge of the citizens of India and that (they) should not be given an opportunity to articulate their views. The objective of the RTI Act is precisely to help create an informed citizenry (which) can hold the state and its instrumentalities to account,” Chief Information Commissioner Satyananda Mishra wrote in his order.
“...The procedure of appointment of judges or any proposal for modifying that procedure should necessarily be available in the public domain so that the citizens know what is transpiring among the major stakeholders, in this case, the Government of India and the CJI...”
The order came on an appeal filed by RTI activist Subhash Agarwal to access written communications between the CJI’s office and then union law minister Veerappa Moily on the proposal to modify existing procedure with an aim to appoint judges who meet high standards of competence and integrity.
This is the second time that the CIC has confronted the SC about judges’ appointments. It had earlier ordered that the process of appointment should not be a closed-door affair of the collegium — an order that saw the SC appeal to itself and successfully get a stay on the CIC’s decision. The matter was then referred to a constitution bench.
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The SC needs to open up its processes to the extent it does not get influenced by external pressures. There is nothing wrong documenting a process, maintaining its authority and responsibility, recording the discussions etc. Confidentiality is permitted even under RTI.
The citizen must have the right to know the complete procedures. Also a clear and concise transparency of the appointintment and the functioning of these judges are a must for the well being of the citizen of India.