Amending RTI Act: Is it needed?

IT REFERS to media-reports about Prime Minister turning down plea of UPA chairperson Sonia Gandhi for not diluting RTI Act as was earlier desired by Chief Justice of India for keeping office of Chief Justice of India from purview of RTI Act. Whole matter seems to have emerged out of three CIC verdicts against Supreme Court registry out of which one was decided by 3-member Division Bench of Delhi High Court against Supreme Court registry, and in other two cases Supreme Court registry approached Supreme Court directly bypassing High Court.

It was mishandling of RTI petition by Supreme Court registry when it declined to reveal simple information sought on the unanimous resolution passed by all the judges of Supreme Court even though copy of the important document was provided by the registry itself.

Another petition related to revelation by Justice R Raghupati of Madars High Court about some Union Minister having approached him. Such disclosure would expose influence, if any, by those in legislature on judiciary thus being in interest of judicial independence rather than against it as feared by some ones in judiciary.

Third petition related to appointing judges at higher courts where even Chief Justice of India admitted High Courts packed with favourites. Supreme Court collegium had to withdraw its recommendation for elevating PD Dinakaran to Supreme Court but only after media leaked news of an otherwise hidden recommendation in present non-transparent system of appointing judges. Legal luminary Fali S Nariman shocked by revealing behind-the-curtain bitter truth behind superseding of distinguished judges like AP Shah (earlier AK Patnaik also).

Judicial independence is a must. But sufficient checks are also necessary so that such independence may not be misused as tool of dictatorship/misconduct/corruption or any other malpractice in the system. RTI Act in present form has proved to be an effective tool to provide such a check, and must not be diluted. Otherwise also, legislature and bureaucracy are always accountable to judiciary. RTI Act has induced accountability to some extent in administrative side of judicial system.