For enforcing RTI, High Courts come under the jurisdiction of Central and not State Information Commission 

In a significant order, the Central Information Commission has ruled that all the High Courts, as public authorities under the Right to Information Act, 2005, will fall within the jurisdiction of the Central Information Commission and not the State Information Commission.

The order arises out of an appeal moved by a petitioner who wanted to inspect the file copy of a writ petition under Section 2(j) of the RTI, Act. Not satisfied with the response of the Chief Public Information Officer (CPIO), Madras High Court, he approached the Central Information Commission.

During the hearing, the CPIO said that the inspection of documents or certified copies relating to any case on the judicial side could be obtained under the provisions of Order XII Rule 3 of the Madras High Court Appellate Side Rules, 1965. She relied upon the decision of the Supreme Court in the Central Information Commission versus High Court of Gujarat.

Jurisdiction issue

The CPIO went on to say that the Central Information Commission lacked jurisdiction in the matter and the appeal should have been filed before Tamil Nadu State Information Commission.

Responding to the issue of jurisdiction, Chief Information Commissioner Heeralal Samariya said that the RTI Act provided for constitution of the Central Information Commission under Section 12(1) and the State Information Commission under Section 15(1) to exercise the powers conferred and to perform the functions assigned under the Act.

Since the Central and State Information Commissions were constituted by the respective governments, their jurisdiction would be separate and distinct. The constitution and organisation of the High Courts were within the legislative ambit of the Parliament under Union List- Entry 78 to the Schedule VII of the Constitution of India. He noted that under Article 231 of the Constitution, the Parliament may by law establish a common High Court for two or more States or two or more States and Union Territories.

Hence, all the High Courts as public authorities under RTI Act would fall within the jurisdiction of the Central Information Commission and not the State Information Commission, he said.

As regards denial of information to the petitioner, Mr. Samariya said there was no malafide intention on the part of the CPIO and hence no further action was warranted.