12 January 2010

Right to Information - three cheers

In a stunning victory for justice and rule of law - the Delhi High Court has ruled that the judiciary must submit itself to the law of the land - the Right to Information Act 2005. The Act obliges all public authorities to disclose information to any citizen who demands it.

This ruling affirms the single judge order of the same High Court in a three judge ruling in appeal. This blog had commended the single judge not only for the impeccable reasoning of the order interpreting the law, but had also severely criticised the stand of the Supreme Court which is clearly taking a stand that the laws of the country do not apply to it on grounds of 'independence of the judiciary'. No question of the independence of the judiciary is complete without asking independent of who and also the issue of accountability?

The ruling, as is the single judge ruling which it affirms, is heartening for another reason - it is extremely brave. Brave, because it is a stand taken against the judges of the Supreme Court - the court which will decide which judges would be elevated to the Supreme Court from the high courts.

Three thumbs up - speaking transparency to power.

Here is the three judge ruling of yesterday.

Here is my previous blog on the single judge order.

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