NEW DELHI : The Central Information Commission (CIC) has directed the Law Ministry to disclose the Cabinet note about the decision to establish a National Judicial Appointments Commission, saying that such documents are not secret and should thus be made public.
Hearing a plea by one SN Shukla, who had sought a copy of the NJAC Bill as cleared by the Cabinet along with the Cabinet note of last year, Information Commissioner Sridhar Acharyulu said that after the central group of ministers has taken a decision, the notings cannot be withheld on the pretext that the Bill had not become an Act.
Meantime, President Pranab Mukherjee on December 31, 2014, has given his assent to two Bills — the NJAC Bill, 2014, and the Constitution (121st Amendment) Bill, 2014.
Law Ministry has submitted to CIC that the noting was not shared as, at the time of filing of the RTI plea, the Bill had not attained finality while, in the meantime, the government had changed. So, there was no substance in providing the same, the ministry said.
Shukla countered the argument saying he was not seeking information with regard to the current form of the Bill, but the copy of the Bill which was initially presented before Rajya Sabha and stated that he was entitled to that information as soon as the final decision was taken in that regard.
The argument of the Law Ministry that the decisions of the Council of Ministers are disclosable but not the Cabinet papers, is totally untenable, he said.
The NJAC Bill facilitates the setting up of a commission for appointment of judges, replacing the 20-year-old collegium system, which has been under severe criticism.
Agreeing with the arguments of Shukla, Acharyulu said the contention of the appellant that once the Bill was introduced in Rajya Sabha, the matter was complete, was “reasonable, logical and legal”.
“The Commission holds that the with the passage of National Judicial Appointments Commission Bill, 2014, in Lok Sabha and Rajya Sabha, the protection afforded by Sec 8 (1)(i) does not apply in the present case and no other exemption as stated in Second proviso would also apply,” he said.
On earlier occasions also, the Commission has clarified that all papers pertaining to decisions of the Union Cabinet, including preparatory notes, can be disclosed once a decision has been taken by it.
The then Chief Information Commissioner Wajahat Habibullah had also ruled that Cabinet papers, which includes the records of deliberations of the Council of Ministers, secretaries and other officers, should be disclosed after a decision has been taken on a particular subject.
In a separate matter, the then Information Commissioner Shailesh Gandhi had held that there is a larger public interest in disclosing Cabinet notes regarding introduction of any new Bill in Parliament after the Cabinet has taken a decision to table such a Bill and the Bill is tabled.
“Citizens are certainly deeply affected by every law made by Parliament and, hence, have a right to know the basis on which these laws are being made. The citizen who gives legitimacy to the Members of Parliament and thereby, to the institution of Parliament itself, must be provided reasons which are behind the laws being made by Parliament,” he had said. (AGENCIES)
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