When judiciary itself wants to sow the seeds of transparency, the Ministry of Law says that judges are not open to public scrutiny through Right to Information (RTI). The Ministry of Law and Justice putting it more precisely has said that RTI does not cover Supreme Court and High Court judges. The move may hamper the movement towards transparency in governmental actions.

 

The Ministry submission in Delhi High Court says that Constitutional authorities like the President, CJI, SC judges, CJs of High Courts and other judges of the High Courts are outside the purview of the RTI Act. The new argument from government behalf is contrary to CJI K. G. Balakrishnan's note to Chief Justices of all High Courts which asks them declare their assets.

 

The new argument has come in the case where Law Ministry was asked to show the files related to the transfer of High Court judges between 2005-07. Also, the move is contradictory to the Parliamentary committee on Law, Justice and Personnel's opinion that except the judicial decision making, all other activities of administration and persons included in the judiciary are subject to RTI Act.