Central Information Commission's Ruling on High Courts under RTI Act

The Central Information Commission (CIC) has issued a pivotal order asserting that all High Courts, as public authorities under the Right to Information Act, 2005, fall within its jurisdiction rather than the State Information Commissions.

Background and Context

• A petitioner sought to inspect a writ petition file under Section 2(j) of the RTI Act.
• Unsatisfied with the response from the Chief Public Information Officer (CPIO) of the Madras High Court, the petitioner approached the CIC.

Arguments and Authority

• The CPIO contended that documents or certified copies related to judicial cases could be accessed under Order XII Rule 3 of the Madras High Court Appellate Side Rules, 1965.
• The CPIO referenced a Supreme Court decision in a related case between the CIC and the High Court of Gujarat.

Jurisdiction Issue

• The CPIO claimed that the CIC lacked jurisdiction and the appeal should have been directed to the Tamil Nadu State Information Commission.
• Chief Information Commissioner Heeralal Samariya emphasized that the RTI Act establishes separate and distinct jurisdictions for the Central and State Information Commissions.

Constitutional Provisions

• The constitution and organization of High Courts fall under the legislative purview of Parliament as per Union List-Entry 78 in Schedule VII of the Indian Constitution.
• Under Article 231, Parliament may establish a common High Court for multiple States or Union Territories.

Conclusion

• All High Courts, being public authorities under the RTI Act, are subject to the jurisdiction of the CIC.
• No malafide intentions were found in the actions of the CPIO, thus no further action was deemed necessary by Mr. Samariya.