power to recommend steps which the public authority ought to take in implementing the Act

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) No. 990 of 2021
KISHAN CHAND JAIN ....PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. ...RESPONDENT(S)
J U D G M E N T by
PAMIDIGHANTAM SRI NARASIMHA, J.
for 3 judge bench of   [Dr Dhananjaya Y Chandrachud] CJI and justices  [Pamidighantam Sri Narasimha] and [J.B. Pardiwala]
dated
August 17, 202324.

Apart from the obligation of monitoring and reporting, the Central and State
Information Commissioners are also given the power to recommend steps which
the public authority ought to take in implementing the Act. Sub-Section (5) of
Section 25 is in the following terms:
(5) If it appears to the Central Information Commission or State
Information Commission, as the case may be, that the practice
of a public authority in relation to the exercise of its functions
under this Act does not conform with the provisions or spirit of
this Act, it may give to the authority a recommendation specifying
4 (2018) 8 SCC 501
15
the steps which ought in its opinion to be taken for promoting
such conformity.

25. Having examined the Right to Information established by the statute under Section 3 in the context of the obligations of public authorities under Section 4, we are of the opinion that the purpose and object of the statute will be accomplished only if the principle of accountability governs the relationship between ‘right holders’ and ‘duty bearers’. The Central and State Information Commissions have a prominent place, having a statutory recognition under Chapters III and IV of the Act and their powers and functions all enumerated in detail in Section 18 of the Act. We have also noted the special power of ‘Monitoring and Reporting’ conferred on the Central and State Information Commissioners which must be exercised keeping in mind the purpose and object of the Act, i.e., ‘to promote transparency and accountability in working of every public authority’. 26. For the reasons stated above, we direct that the Central Information Commission and the State Information Commissions shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time. The directions will also include instructions under O.M. dated 07.11.2019 issued by the Department. For this purpose, the Commissioners will also be entitled to issue recommendations under subSection (5) of Section 25 to public authorities for taking necessary steps for complying with the provisions of the Act. 16 27. The Writ Petition (C) No. 990 of 2021 is disposed of with the direction to the Central Information Commission and the State Information Commissions to ensure proper implementation of the mandate of Section 4 of the Act, by following the directions as indicated above.