pio-supreme-court-rulings
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| + | ====== 10 Landmark Supreme Court Rulings Every PIO Must Know ====== | ||
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| + | <WRAP info> | ||
| + | **Why this matters.** The Supreme Court' | ||
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| + | ===== 1. //Central Board of Secondary Education v. Aditya Bandopadhyay// | ||
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| + | **Facts.** Class-12 student sought copy of his own evaluated answer script. CBSE refused, citing " | ||
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| + | **Holding.** Evaluated answer sheets are " | ||
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| + | **Takeaway.** Own-data is disclosable to self. Use Section 10 redaction for examiner identity. No blanket " | ||
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| + | ===== 2. //Girish Ramchandra Deshpande v. CIC// (2013) 1 SCC 212 ===== | ||
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| + | **Facts.** Applicant sought service records, APAR grading, vigilance clearance of a named officer. | ||
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| + | **Holding.** Service records, APAR/ACR, disciplinary proceedings, | ||
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| + | **Takeaway.** The single most-cited SC anchor for service-record denials. Always pair with Section 8(2) balancing on the file. | ||
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| + | ===== 3. //R.K. Jain v. Union of India// (2013) 14 SCC 1 ===== | ||
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| + | **Facts.** Applicant sought file notings on a service-related decision. | ||
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| + | **Holding.** File notings are " | ||
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| + | **Takeaway.** Do not reject file-noting RTIs as a category. Each note is tested against Section 8. | ||
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| + | ===== 4. //Reserve Bank of India v. Jayantilal N. Mistry// (2016) 3 SCC 525 ===== | ||
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| + | **Facts.** Multiple applicants sought bank inspection reports, willful-defaulter lists, risk-assessment notes from RBI. RBI invoked Section 8(1)(e) fiduciary. | ||
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| + | **Holding.** The regulator-regulated relationship is **not** fiduciary. Inspection reports and related materials are disclosable. " | ||
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| + | **Takeaway.** Section 8(1)(e) must meet the four-factor fiduciary test from //Aditya Bandopadhyay// | ||
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| + | ===== 5. //CPIO, Supreme Court of India v. Subhash Chandra Agarwal// (2020) 5 SCC 481 ===== | ||
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| + | **Facts.** RTI sought judges' | ||
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| + | **Holding.** The Office of the Chief Justice of India is a " | ||
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| + | **Takeaway.** Constitutional offices are not beyond RTI. The proportionality test from // | ||
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| + | ===== 6. // | ||
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| + | **Facts.** Whether co-operative societies registered under state law are " | ||
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| + | **Holding.** Mere registration under statute does not make a body a " | ||
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| + | **Takeaway.** Section 2(h) has precise criteria. Not every body receiving a state benefit is covered; apply the statutory test. | ||
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| + | ===== 7. // | ||
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| + | **Facts.** Applicant asked the PIO to interpret a court order and answer hypothetical legal questions. | ||
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| + | **Holding.** RTI does not require public authorities to answer hypothetical or opinion-based questions; does not require creation of information that doesn' | ||
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| + | **Takeaway.** "What would happen if…" and " | ||
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| + | ===== 8. //Namit Sharma v. Union of India// (2013) 10 SCC 359 ===== | ||
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| + | **Facts.** Challenge to composition and powers of Information Commissions. | ||
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| + | **Holding.** Commissions exercise **quasi-judicial functions**. Appointments must follow a transparent procedure. Commissioners must have requisite expertise. (Subsequent amendments in 2019 altered the framework; judgment' | ||
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| + | **Takeaway.** Appellate review under Section 19 is quasi-judicial. Written reasons and natural-justice principles apply at FAA and Commission stages. | ||
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| + | ===== 9. //Institute of Chartered Accountants of India v. Shaunak Satya// (2011) 8 SCC 781 ===== | ||
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| + | **Facts.** Applicant sought model answers and instructions to examiners during an active ICAI evaluation cycle. | ||
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| + | **Holding.** Material held during active evaluation is fiduciary under Section 8(1)(e). Post-evaluation disclosure may be considered on merits. The exemption has a **temporal** character. | ||
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| + | **Takeaway.** Fiduciary protection for examination material is time-bound. Once the cycle closes, reapplications should be considered on merits. | ||
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| + | ===== 10. // | ||
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| + | **Facts.** Challenge to the Electoral Bonds Scheme, which anonymised political-party donor identities. | ||
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| + | **Holding.** The scheme is unconstitutional; | ||
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| + | **Takeaway.** The right to information flows from Article 19(1)(a) — not merely from the RTI Act. Exemptions that undermine the core right to know can be struck down. | ||
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| + | ===== How to cite these rulings in PIO replies ===== | ||
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| + | **Pattern: | ||
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| + | Example: | ||
| + | > //"The information sought falls within Section 8(1)(j) as held by the Supreme Court in //Girish Ramchandra Deshpande v. CIC// (2013) 1 SCC 212, where the Court ruled that service records and APAR grading of government employees are personal information unless larger public interest is demonstrated."// | ||
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| + | ===== Common mistakes in citing ===== | ||
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| + | * **Citing the lower-court ruling** when the SC has overruled. | ||
| + | * **Misquoting the case name** (e.g., " | ||
| + | * **Over-citing.** Three citations per reply is the ceiling; one citation with precise ratio is better. | ||
| + | * **Citing without reading.** Over time, the ratio of some rulings has been refined by subsequent Benches; verify on // | ||
| + | * **Treating obiter as binding.** The ratio (core holding) binds; passing observations (obiter) persuade. | ||
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| + | ===== FAQs ===== | ||
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| + | **Q1. Can a PIO cite High Court rulings to overcome an SC ratio?**\\ No. The SC's ratio is binding on all authorities and High Courts. HC can only elaborate. | ||
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| + | **Q2. Has any Supreme Court RTI ruling been overruled by a larger Bench?**\\ None of the 10 above have been overruled. Refinements exist (e.g., // | ||
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| + | **Q3. Where do I read the full judgments? | ||
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| + | **Q4. Do these rulings bind State Information Commissions? | ||
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| + | ===== Conclusion ===== | ||
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| + | Ten rulings, five thematic axes (information definition, privacy, fiduciary, constitutional offices, scope of public authority). Internalising these is the shortest path to legally sustainable PIO and FAA practice. | ||
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| + | ===== Related reading ===== | ||
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| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
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| + | ===== Sources ===== | ||
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| + | * All citations verified against Supreme Court Cases reporter series. | ||
| + | * Cross-referenced on '' | ||
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| + | ---- | ||
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| + | //Last reviewed: 21 April 2026.// | ||
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| + | {{tag> | ||
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pio-supreme-court-rulings.txt · Last modified: by 127.0.0.1
