RTI Act | Central Information Commission Cannot Make 'Policy Prescriptions' To Any Public Authority: Delhi High Court
The High Court ruled that the Right to Information Act does not empower public authorities to create new records or maintain lists they do not already hold, nor does it allow the Central Information Commission to dictate internal administrative policies. The Court clarified that the RTI Act’s scope is strictly limited to providing access to information already in existence within the public authority’s possession, thereby rejecting the notion that transparency requires proactive structural changes like empaneiling advocates. This decision establishes a critical boundary for open data practices, emphasizing that transparency obligations are reactive rather than creative. Public bodies are not required to generate or aggregate data solely to satisfy information requests, which prevents the RTI mechanism from being used as a tool for policy enforcement or administrative restructuring. This distinction protects authorities from undue operational burdens while maintaining the core purpose of disclosing existing records. This ruling is highly relevant to open data because it defines the limits of mandatory disclosure. It clarifies that organizations are not obligated to reorganize their data systems or create new datasets to meet transparency standards. Consequently, open data initiatives must focus on releasing existing records rather than compelling the creation of new informational structures, ensuring that transparency remains feasible and legally grounded.
Source: livelaw.inPublished on 2025-07-31
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