exceptions and public interest

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10044 OF 2010

CENTRAL PUBLIC INFORMATION OFFICER,

SUPREME COURT OF INDIA ….. APPELLANT(S)

VERSUS

SUBHASH CHANDRA AGARWAL ….. RESPONDENT(S)

W I T H

CIVIL APPEAL NO. 10045 OF 2010

A N D

CIVIL APPEAL NO. 2683 OF 2010

J U D G M E N T

SANJIV KHANNA, J.

25. An attempt to resolve conflict and disharmony between these 

aspects is evident in the exceptions and conditions on access to 

information set out in Sections 8 to 11 of the RTI Act.

.....

Sub-section (1) of Section 8 begins with a non-obstante

clause giving primacy and overriding legal effect to different 

clauses under the sub-section in case of any conflict with other 

provisions of the RTI Act. Section 8(1) without modifying or 

amending the term ‘information’, carves out exceptions when 

access to ‘information’, as defined in Section 2(f) of the RTI Act 

would be denied. Consequently, the right to information is 

available when information is accessible under the RTI Act, that is, 

when the exceptions listed in Section 8(1) of the RTI Act are not 

attracted. In terms of Section 3 of the RTI Act, all citizens have 

right to information, subject to the provisions of the RTI Act, that 

is, information ‘held by or under the control of any public authority’, 

except when such information is exempt or excluded.

Civil Appeal No. 10044 of 2010 & Ors. Page 34 of 108

26. Clauses in sub-section (1) to Section 8 can be divided into two 

categories: clauses (a), (b), (c), (f), (g), (h) and (i), and clauses (d), 

(e) and (j). The latter clauses state that the prohibition specified 

would not apply or operate when the competent authority in 

clauses (d) and (e) and the PIO in clause (j) is satisfied that larger 

public interest warrants disclosure of such information.16

Therefore, clauses (d), (e) and (j) of Section 8(1) of the RTI Act 

incorporate qualified prohibitions and are conditional and not 

absolute exemptions. Clauses (a), (b), (c), (f), (g), (h) and (i) do 

not have any such stipulation. Prohibitory stipulations in these 

clauses do not permit disclosure of information on satisfaction of 

the larger public interest rule. These clauses, therefore, 

incorporate absolute exclusions.