Cabinet papers containing deliberations of ministers are open to public access, the Delhi high court ruled on Thursday.
The court rejected the government’s plea for immunity on making such papers public. It, however, made a minor exemption, stating the documents could be kept under wraps till a final decision was taken by the cabinet.
“A limited prohibition for a specified time is granted (under the RTI Act),’’ the court said, adding it was not for an unlimited duration or an infinite period. “It lasts till a decision is taken by the council of ministers and the matter is complete or over.”
The court of justice Sanjiv Khanna was hearing an appeal by the government challenging a direction of the Central Information Commission (CIC) to disclose to the applicants the selection and elevation of certain officials with cabinet approval.
“The prohibition in respect of the decision of the council of ministers, the reasons thereof, and the material on the basis of which the decision was taken shall be made public,” justice Khanna said.
In August last year, the CIC had enlarged the scope of the RTI Act by ruling that the ‘notings’ made on the files put up and passed by the Union or state cabinet are open to public scrutiny. It wouldn’t matter if certain ministers had put up their objections to some decisions, the CIC had ruled.
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