Supreme Court Decisions

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Central Public Information Officer, Supreme Court of India

Vs.
Subhash Chandra Agrawal
[Alongwith Civil Appeal No. 10045 of 2010 (Arising out of Special Leave Petition (C) No.
32856 of 2009) and Civil Appeal No. 2683 of 2010)]

(2011 3 AWC2405SC, (SCSuppl)2011(1)CHN221, 2011(1)CTC369, (2011)3MLJ194(SC),

2011(1)RCR(Civil)231, 2010(12)SCALE496, (2011)1UPLBEC47)

Decided On: 26.11.2010

Case Note:
Right to Information - Interpretation - Right to Information Act, 2005 - Central
Information Commission allowed appeal preferred by Respondent and directed Central
Public Information Officer, Supreme Court of India to furnish information as sought by
him - Hence, this Appeal - Whether, information sought by Respondent involved
interpretation of Constitution - Held, information sought by Respondent raised questions
of constitutional importance relating to position of Hon'ble Chief Justice of India under
Constitution and independence of Judiciary in scheme of Constitution and fundamental
right to freedom of speech and expression - Both questions were of great value and were
required to be balanced - This debate on Constitution involved great and fundamental
issues - Thus, substantial question of law as to interpretation of Constitution was involved
which was required to be heard by Constitution Bench - Therefore, Registry was directed
to place matter before Hon'ble Chief Justice of India for constitution of Bench of
appropriate strength - Appeal disposed of.

Ratio Decidendi:
"Matter shall be refer to constitutional bench when question involved interpretation of
constitution."