Court clarifies Information Commissioner's authority under Right to Information Act, emphasizes Section 19 mechanism for denial

The Supreme Court affirmed the High Court's ruling that the Information Commissioner lacks the authority to compel information disclosure under Section 18 of the Right to Information Act. It highlighted the separate functions of Sections 18 and 19, emphasizing that Section 19 provides a comprehensive mechanism for addressing denial of information. Additionally, the Court clarified that notifications under Section 24 cannot apply retroactively. Appellants were directed to pursue appeals under Section 19 promptly, with the appellate body instructed to assess these appeals on their merits without strict adherence to time limits. The appeals were resolved without costs.

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Issues Involved:
1. Jurisdiction of the Information Commissioner under Section 18 of the Right to Information Act.
2. Differentiation between the procedures under Sections 18 and 19 of the Right to Information Act.
3. Retrospective application of notifications issued under Section 24 of the Right to Information Act.

Issue-wise Detailed Analysis:

1. Jurisdiction of the Information Commissioner under Section 18 of the Right to Information Act:

The appeals were filed against the judgment of the High Court which held that the Information Commissioner does not have the power to direct the furnishing of information under Section 18 of the Right to Information Act. The Supreme Court upheld this view, stating that the Commissioner's role under Section 18 is supervisory and does not extend to providing access to information. The Court emphasized that the only order the Commissioner can pass under Section 18 is related to penalties under Section 20, provided the conduct of the Information Officer was not bona fide. The Court concluded that the remedy for a person denied information lies under Section 19, which provides a complete statutory mechanism for addressing such grievances.

2. Differentiation between the procedures under Sections 18 and 19 of the Right to Information Act:

The Supreme Court distinguished between the procedures under Sections 18 and 19, noting that they serve different purposes and provide different remedies. Section 18 deals with complaints and grants the Information Commission supervisory powers, while Section 19 provides an appellate procedure for those aggrieved by the denial of information. The Court highlighted that Section 19 includes several safeguards, such as the onus on the information officer to justify denial and a time-bound resolution process, which are absent in Section 18. The Court reiterated that the statutory procedure must be followed as laid down, and any deviation would render Section 19(8) redundant.

3. Retrospective application of notifications issued under Section 24 of the Right to Information Act:

The Court clarified that notifications issued under Section 24, which exempt certain organizations from the purview of the Act, cannot apply retrospectively. The right to information must be decided based on the law as it stood when the request was made. The Court emphasized that Section 24 does not have retrospective operation, and any subsequent notification cannot defeat a pending request for information. The Court directed that appeals filed within the specified time should be decided in accordance with Section 19 and as early as possible, preferably within three months.

Conclusion:

The Supreme Court upheld the High Court's judgment that the Information Commissioner does not have the jurisdiction to direct the furnishing of information under Section 18. The Court emphasized the distinct procedures and purposes of Sections 18 and 19, and clarified that notifications under Section 24 cannot have retrospective effect. The appellants were directed to file appeals under Section 19 within four weeks, and the appellate authority was instructed to consider these appeals on merits without insisting on the period of limitation. The appeals were disposed of with no order as to costs.

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