Answer:

Recently honorable Supreme Court has referred to a five bench judges Constitution Bench, the question whether disclosure of information about judicial appointments, transfers of HC judges amounts to interference in judicial independence. Amidst the controversy of annulment of NJAC by the Supreme Court, the debate of bringing judiciary fully under the ambit of RTI is gaining ground.

Some of the rationale and benefits in bringing judiciary under RTI can be enumerated as-

♤ Appointments through proceedings of the collegium are absolutely opaque and inaccessible for public. RTI umbrella over judiciary will bring in transparency and will curb nepotism in appointments. It will also curb instances like superseding of the senior judges for promotions etc.

♤ The law of contempt has been often misused to punish outspoken criticism and exposure of judicial misconducts. Even an FIR cannot be registered against the

judges under the Prevention of Corruption Act. RTI will ensure accountability and will act as a key tool in eliminating misconduct by judges.

♤ While acting on the premise of judicial independence, judges expediently exclude themselves from disclosure of any kind of information to public. If brought under RTI, such disclosure will create public trust.

♤ RTI will help in curbing red-tapism and will ensure rationality and logic in judgements.

However there are some cons of bringing judiciary wholly under RTI.

♤ There is apprehension that it might undermine the independence of judiciary and the decisions as judges would be apprehensive of public pressure

♤ Apprehensions that RTI disclosure may affect credibility of the decisions and free and frank expression of judges.

♤ The disclosure of personal details of judges might be a cause of concern for national security.

♤ Sometime details of appointments are closely linked with personal details like medical conditions, disclosure of which will undermine the right to privacy.

♤ Some of the RTI applications may be frivolous and politically motivated.

However, it needs to be noted that judiciary is not an exemption under RTI. Judiciary plays a dual role of administrative functions and the other of judicial decision making and most of administrative functions are under ambit of RTI. The judicial decisions can also be brought under RTI but there is requirement of drawing balance between independence of judiciary and the fundamental right of right to know of people so that judiciary remains people last hope in democracy.