Clarification Regarding Publication of Resolutions made by the Collegium
The Hon’ble Supreme Court in the matter of Anjali Bhardwaj v. CPIO, Supreme Court of India, (RTI Cell) Petition for Special Leave to Appeal (C) No. 21019 of 2022] filed against the decision of the High Court dismissing the LPA, has recently clarified that “unless and until, final decision is taken after due consultation and on the basis of such a final decision a final resolution is drawn, whatever discussions had taken place cannot be said to be a final decision of the Collegium” and therefore such tentative decision shall not be published or disclosed in an RTI application.
The petitioner had preferred an RTI application before the Central Public Information Officer (CPIO), Supreme Court of India seeking information regarding a copy of the agenda of the meeting of the Collegium of the Supreme Court held on 12.12.2018, a copy of the decisions taken and a copy of the resolutions of the Collegium meeting on the date. The information was declined even at the appellate stage. While dismissing the Writ Petition, the Learned Single Bench held that as there was no formal resolution that came to be drawn up, there is no question of providing any decision taken in the meeting held on 12.12.2018. The decision was confirmed at the appellate stage.
It was pleaded before the Apex Court that decision taken in the meeting on 12.12.2018 was not uploaded on Supreme Court’s website when the article on the website of Bar and Bench mentioned that certain decisions were taken regarding elevation of a certain judge however, in the subsequent meeting of the Collegium on 10.01.2019 earlier decisions were changed. It was further argued that everybody has a right to know the decision(s) taken by the Collegium as per the earlier Resolution of the Supreme Court dated 03.10.2017, by which, it was resolved that the decision(s) taken by the Collegium shall be uploaded on the Supreme Court’s website.
After hearing the counsels, the Court observed that the actual resolution passed by the Collegium only can be said to be a final decision of the Collegium and till then at the most, it can be said to be a tentative decision during the consultation. During the consultation if some discussion takes place but no final decision is taken and no resolution is drawn, it cannot be said to be a final decision of the Collegium. Collegium is a multi-member body whose decision embodied in the resolution that may be formally drawn up and signed. The Court therefore held that since no final decision was taken on 12.12.2018 which was culminated into a final resolution drawn and signed by all the members of the Collegium, the same was not required to be disclosed in the public domain and that too under the RTI Act. Whatever was discussed shall not be in the public domain. As per the Resolution dated 03.10.2017 only the final resolution and the final decision is required to be uploaded on the Supreme Court’s website.
