After the Supreme Court administration had taken a tough stance against revealing the process of judges’ appointment under the RTI Act, the top court on judicial side on Friday framed three questions for decision by a Constitution bench on whether details about the appointment of apex court and high court judges could be made public.
The Constitution bench is requested to decide; (a) whether the concept of independence of judiciary requires and demands the prohibition of furnishing of information sought (by a private individual under RTI Act)? Whether the information sought for amounts to interference in the functioning of judiciary/ (b) whether the information sought for cannot be furnished to avoid any erosion in he credibility of the decisions and to ensure a free and frank expression of honest opinion by all the constitutional functionaries, which is essential or effective consultation and for taking the right decision (about appointment of a judge)? (c) whether the information sought for is exempt under section 8(i)(j) of the RTI Act?
Section 8(i)(j) deal with exemption granted against disclosure of information under Right to Information Act in the interest of national security, or national interest and other reasons spelled out in the legislation on disclosure of information.
“The questions involve the interpretation of he Constitution and raise great fundamental issues,” a bench of Justices B. Sudershan Reddy and S.S. Nijjar in a judgment said while referring the petition of the Central public information officer of the Supreme Court to the Constitution bench.
The bench requested CJI S.H. Kapadia to set up a Constitution bench of “appropriate strength” to decide the issue.