Blockbuster Week

In his last few days in office, the Chief Justice of India, Ranjan Gogoi, presides over a slew of important cases with vital implications for the future of Indian democracy

Balancing Act

The apex court’s judgment on disclosure of information, bringing the CJI’s office under RTI, has to be tested from case to case to determine how the Court balances it with public interestBy Venkatasubramanian IT took nine years for the Supreme Court to acknowledge that judicial independence is inseparable from judicial accountability, and that its resistance to disclose information in public interest will erode its credibility as an institution. On November 13, the Constitution bench comprising the Chief Justice of India, Ranjan Gogoi, and Justices NV Ramana, DY Chandrachud, Deepak Gupta and Sanjiv Khanna, in its unanimous judgment, held that the Supreme Court is a public authority and would necessarily include the office of the chief justice of India and judges in view of Article 124 of the Constitution.

“The office of the CJ or for that matter the judges is not separate from the Supreme Court, and is part and parcel of the Supreme Court as a body, authority and institution. Ordina rily, the relationship between the CJ and Judges would not be that of a fiduciary and a beneficiary. However, it is not an absolute rule/code for in certain situations and acts, fiduciary relationship may arise,” Justice Khanna said in the main judgment on behalf of the bench which was authored by him.

“Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive,” Justice Khanna elucidated.