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Can RTI be filed to the judiciary?

05-May-2025
R.T.I

Answer By law4u team

Yes, an RTI (Right to Information) application can be filed to the judiciary in India, but with certain limitations. Under the RTI Act, 2005, the judiciary—including the Supreme Court, High Courts, and subordinate courts—is considered a "public authority" and is therefore covered under the Act. However, here’s how it works in practice: 1. Administrative Information: RTI can be filed to seek administrative and non-judicial information from the judiciary. Examples include: Recruitment details Staff appointments Budget allocations and expenditures Maintenance of court buildings Availability of case status or certified copies 2. Judicial Functioning – Limited Access: RTI cannot be used to question or challenge judicial decisions or the reasoning behind judgments. These are part of the judicial process and are outside the purview of the RTI Act. For example, you cannot use RTI to ask: Why a judge passed a particular judgment What the internal deliberations of the bench were Such issues must be addressed through judicial review or appeals, not RTI. 3. Certified Copies – Separate Procedure: If you need certified copies of court judgments, orders, or documents filed in court, you must generally follow the procedure laid down in the court rules (such as High Court Rules or Civil/Criminal Procedure Code), rather than the RTI route. Many courts have ruled that if such a mechanism exists, RTI cannot override it. 4. Public Information Officers (PIOs): Most High Courts and the Supreme Court have designated Public Information Officers (PIOs) and Appellate Authorities to process RTI applications. Example: The Supreme Court of India has a Central Public Information Officer (CPIO) who deals with RTI requests related to the Court’s administrative functions. Conclusion: Yes, RTI can be filed to the judiciary, but only for administrative information. Matters related to judicial decision-making and court records are governed by separate legal procedures and not open to scrutiny under the RTI Act.

Answer By Anik

Dear Client, Yes, indeed, an RTI application can be filed to the judiciary in India, including the Supreme Court and High Courts. But the information made available under the RTI Act is mostly confined to the administrative work of the courts, not their judicial decisions. The judiciary is recognized as a "public authority" under the RTI Act, 2005. The Supreme Court in a landmark decision in 2019 declared that office of the CJI comes under Powers of the RTI Act. (Central Public Information Officer v. Subhash Chandra Agarwal, 2019 SCC OnLine SC 1459) Therefore, citizens can seek information concerning administrative aspects such as: the appointment and transfer of judges; budgeting and expenditures of courts; staffing and infrastructural matters; rules and procedures relating to the administration of courts. Information on matters of the courts' judicial functions such as the grounds of a particular judgment or the process of decision-making with respect to a particular case is generally exempted from disclosure under the RTI Act. The Delhi High Court has clarified that the Supreme Court Rules in respect of judicial functions do not get overridden by the RTI Act. Therefore, normally, requests for judicial decisions' explanations do not get entertained under RTI. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.

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