NEW DELHI: In what could sharpen the divide between the legislature and judiciary, Parliament's standing committee has not only said that judiciary comes under the RTI Act but also called the current system of appointment of judges of Supreme Court and High Courts as being "against democratic principles".

If this was not enough, the parliamentary panel has expressed displeasure at the SC's reluctance to have a Bench outside Delhi and recommended that the first one be set up on a trial basis in Chennai.

Only two weeks ago, Chief Justice of India K G Balakrishnan had made contrary assertions on both counts. He had said that the office of CJI does not come under the purview of the Right to Information Act since he is a constitutional authority.

He had also not found fault with the current system of appointment of judges. But the Standing Committee on Personnel, Public Grievances, and Law and Justice is unambiguous. On applicability of RTI, it said the law is applicable on all constitutional authorities including judiciary. It also asked the government to take "necessary steps to ensure that the fruits of the RTI Act, which is a historic piece of legislation, are enjoyed by the public".

After discussing section 2(h) of the RTI Act, that deals with definition of public authority, the panel came to the conclusion that all constitutional authorities come under the definition of public authority. The committee said, "It is conscious of the fact that all the three wings of state — executive, legislature and judiciary — are fully covered under this Act, since all organs of the State are accountable to the citizens of India in a democratic state."

RTI, the panel felt, is more applicable in case of judiciary since it has a dual role: administrative and judicial. "Except the judicial decision making, all other activities of administration and the persons included in it are subject to the RTI Act. This is the pith and substance of this enactment."

As for the current system of appointment of SC and HC judges, the panel said the collegium system should be dispensed with and the pre-1993 arrangement involving the executive should be put in place.

"Transparency, inclusiveness and merit should be the way of appointing judges," it said. The committee said aspirants to various vacancies should be allowed to apply and appear before the selection committee. "The closed system prevailing now is not getting meritorious persons called to the Bench... Till the warrant of appointment is issued by the President, it is maintained as secret. It is against democratic principles," the committee said, adding that aspirants' names, merits and the selection process should be made public and transparent, through the HC and SC websites.

Also, a report, at various levels in department of justice and home, should be on the website of the department till the final stage of issuing the warrant of appointment.

On setting up the SC Bench, the panel asked the government to "come forward with a necessary constitutional amendment to address this deadlock". It said that even Article 130 of the Constitution makes provisions for it. Earlier also, the parliamentary panel had made a similar recommendation. Setting up a Bench outside Delhi, the panel felt, "would be of immense help to the poor who cannot afford to travel from their native places to Delhi."

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