CASE DETAILS v. UNION OF INDIA & Ors.

Judgment

[2023] 11 S.C.R. 198 : 2023 INSC 741 CASE DETAILS KISHAN CHAND JAIN v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 990 of 2021) AUGUST 17, 2023 [DR. DHANANJAYA Y CHANDRACHUD, CJI, PAMIDIGHANTAM SRI NARASIMHA AND J.B. PARDIWALA, JJ.] HEADNOTES Issue for consideration : Direction sought by Writ Petitioner to implement the mandate of s.4 of the Right to Information Act, 2005. Right to Information Act, 2005 – ss. 3 and 4 – Obligation of public authorities – Principle of accountability: Held : Power and accountability go hand in hand – While declaring that all citizens shall have the ‘right to information’ u/s.3 of the Act, the co- relative ‘duty’ in the form of obligation of public authorities is recognized in s.4 of the Act – The core of the right created u/s.3 in reality rests on the duty to perform statutory obligations – The purpose and object of the statute will be accomplished only if the principle of accountability governs the relationship between ‘right holders’ and ‘duty bearers’ – The Central Information Commission and the State Information Commissions have a prominent place and statutory recognition – The Central Information Commission and the State Information Commissions directed to continuously monitor the implementation of the mandate of s.4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time – Commissioners entitled to issue recommendations under sub-section (5) of s.25 to public authorities for taking necessary steps for complying the provisions of the Act. [Paras 22, 25 and 26] Right to Information Act, 2005 – s.25 – Mechanism of ‘Monitoring and Reporting’ – Discussed.

198 KISHAN CHAND JAIN v. UNION OF INDIA & ORS. 199 LIST OF CITATIONS AND OTHER REFERENCES