Table of Contents
- Powers of the Registrar of the Supreme Court
- Right of Access to Information Act, 2017 and Article 19A
- What Information Can Be Accessed?
- Supreme Court’s Responsibility to Disclose Information
- Conclusion and Implications
1. Powers of the Registrar of the Supreme Court
The Registrar of the Supreme Court serves as the “executive head of the office,” as defined by the Supreme Court Rules, 1980. These Rules assign the Registrar specific powers but do not authorize him to initiate litigation. The Chief Justice may delegate tasks to the Registrar, but the Rules do not allow the Registrar to start litigation without the Court’s approval. Therefore, the Registrar cannot take on this responsibility independently.
2. Right of Access to Information Act, 2017 and Article 19A
The Right of Access to Information Act, 2017 applies to public bodies listed under Section 2 of the Act. However, the Act does not explicitly include the Supreme Court in the definition of public bodies. Despite this, Article 19A of the Constitution guarantees the public’s right to access information related to public matters. Although the Act does not apply directly to the Supreme Court, Article 19A allows citizens to request information from the Court if it concerns public interest.
3. What Information Can Be Accessed?
The petitioner requested the following information:
- The total number of staff members in the Supreme Court across various pay scales.
- The number of vacant positions and how long they have remained vacant.
- The number of staff members employed on a daily wage or contract basis.
- The number and types of new positions created since January 2017.
- The number of female staff members in the Supreme Court.
This information falls within the scope of Article 19A as it pertains to public interest.
4. Supreme Court’s Responsibility to Disclose Information
Although the Right of Access to Information Act, 2017 does not specifically apply to the Supreme Court, the Court must still disclose information under Article 19A. The information requested by the petitioner concerns the operations of the Supreme Court, which is a matter of public interest. The Court should provide this information unless legal exceptions apply. To promote transparency and public trust, the Supreme Court must adopt proactive measures, such as publishing the information on its website or other accessible platforms.
5. Conclusion and Implications
This case underscores the public’s right to access information under Article 19A. Even though the Right of Access to Information Act, 2017 does not explicitly cover the Supreme Court, the Court still has an obligation to provide information related to public matters. The Court must act transparently to foster public trust and maintain accountability. This ruling strengthens democracy by ensuring that government institutions, including the Supreme Court, uphold the public’s right to information.
The decision reminds the Supreme Court and other public institutions of their responsibility to act openly and make relevant information available. By doing so, they strengthen democracy and build trust with the public.