For enforcing RTI, the High Courts are under the jurisdiction of the Central Commission and not of the State Information Commission

In an important move, the Central Information Commission has decided that all High Courts, as government authorities under the Right to Information Act, 2005, will fall under the jurisdiction of the Central Information Commission and not the State Information Commission.

The order comes from an appeal filed by the petitioner who wanted to inspect the file copy of the written complaint under Section 2(j) of the RTI Act. Dissatisfied with the response of the Chief Public Information Officer (CPIO), Madras High Court, he approached the Central Information Commission.

During the hearing, the CPIO said that examination of documents or certified copies related to any case on the judicial side can be obtained under the provisions of Order XII Rule 3 of the Madras High Court Appellate Side Rules, 1965. He relied on the decision. of the Supreme Court in Central Information Commission v. High Court of Gujarat.

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The CPIO further said that the Central Information Commission has no jurisdiction in the matter and the complaint should have been filed before the Tamil Nadu State Information Commission.

Responding to the administrative issue, Chief Information Commissioner Heeralal Samaria said that the RTI Act provides for the constitution of the Central Information Commission under Section 12(1) and the State Information Commission under Section 15(1) to exercise the powers conferred on it and to act. duties assigned under the Act.

Since the Central and State Information Commissions were formed by the respective governments, their powers would be separate and distinct. The Constitution and the organization of the High Courts were within the legislative framework of the Parliament under the Union List- Entry 78 in Schedule VII of the Constitution of India. He noted that under Article 231 of the Constitution, Parliament can by law establish one High Court for two or more States or two or more and Union Territories.

Therefore, all high courts as government authorities under the RTI Act will fall under the jurisdiction of the Central Information Commission and not the State Information Commission, he said.

Regarding the denial of information to the applicant, Mr. Samaria said there was no bad intention on the part of the CPIO and therefore no further action should be taken.