In recent judgement given by Chief Information Commissioner, the counsel representing Supreme Court has agreed that office of Chief Justice of India is a public authority as defined in Right to Information Act. Full judgment of CIC is available here. The relevant portions are given below, with important points in bold:
Shri Devadatt Kamat, Learned Counsel for the Supreme Court presented
his vakalatnama, which has been taken on record. Shri Kamat also submitted that subsequent to the decision in the present case, it has been agreed by the Supreme Court of India that the Office of Chief Justice of India is indeed a public authority within the meaning of sec. 2(h) of the RTI Act. In light of this, the information sought by appellant Shri Nemi Chand Jain was that the complaint of
2.4.07 against Justice Shri Shiv Kumar Sharma of the Rajasthan High Court,
Jaipur had in fact been received, seen by the Chief Justice of India and lodged.
There is no file on the complaint. Upon this, appellant Shri Nemi Chand Jain
submitted that he had no further information to seek.
It is now established and agreed to by all parties that the office of Chief Justice of India is a Public Authority within the meaning of Sec. 2(h) of the RTI Act, as part of the Supreme Court of India. The order of Appellate Authority, Shri M. P. Bhadran on appeal No. 2 of 2009 dated 17.1.09 is, therefore, set aside. Learned Counsel for the Supreme Court of India has also provided the information sought by appellant Shri Nemi Chand Jain, in the hearing. The appeal is thus allowed. There will be no costs.
There will be some conspiracy theories doing the rounds as to the timing and coincidence of this decision with upcoming retirement of Chief Justice of India on 12th May. It is common knowledge that CJI had opposed all along the inclusion of his office under Right to Information Act. Maybe the timing is more of a face saving device than anything else.