Tuesday, March 9, 2010

Seminar VI Update - Supreme Court and RTI

The Supreme Court has decided to appeal against the decision of Delhi High Court in Secretary General, Supreme Court of India v. Subash Chandra Agarwal. The high court decision was discussed in the House during Seminar VI. The issue pertaining to the current development was

"3. If the Supreme Court entertains the case, which involves its own Registry, do you think it is justified according to the principles of natural justice?"

The court's rationale for doing so is that the offices of the registrar and chief justice are different. How correct is this understanding? There is no constitutional provision which separates the office of the Chief Justice of India from its administrative wing. Further, the maxim nemo judex in parte sua also speaks of "reasonable apprehension of bias". Considering these aspects, what could be the way out?

It is also possible that a legislation incorporating the 1997 resolution will be enacted.