Supreme Court of India v. Subhash Chandra Agarwal | RIGHT TO INFORMATION |

The Constitution Bench of the Supreme Court of India held that the Supreme Court is a “public authority” and hence will fall within the ambit of the Right to Information Act, 2005 (RTI Act). The respondent, Subhash Chandra Agarwal, an Indian businessman and right to information activist, filed separate applications requesting access to information from the Central Public Information Officer (CPIO) relating to assets of sitting judges, as well as correspondence relating to the appointment of judges and alleged influence on a decision. The applications were denied with a response that the information requested was either exempted or confidential. Upon appeal, the Chief Information Commission (CIC) granted access to the information. The appeal against one of the orders before the Delhi High Court led to a judgment from its Full Bench holding the Office of the Chief Justice of India to be a public authority and subject to the RTI Act. The Court conducted a proportionality test, balancing the right to privacy against the public interest in disclosure, to find that the requested information regarding the functioning of the Supreme Court and judicial assets should be released in the name of transparency and accountability, but that information related to third-parties needed to be re-examined

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