Thursday, August 13, 2026

Haryana to launch mega RTI training drive for 25k officials.

Hindustan Times: Chandigadh: Thursday, August 13, 2026.
The Haryana State Information Commission (HSIC) on Tuesday announced to launch a statewide programme to train 25,000 state public information officers (SPIOs) and first appellate authorities (FAAs), including 6,300 sarpanches functioning as SPIOs at the village level.
The year-long programme starting on August 12 is aimed at transforming the delivery of the Right to Information (RTI) regime in Haryana. It forms the centrepiece of a comprehensive package of administrative, technological and institutional reforms being undertaken by the commission to make the RTI mechanism faster, more transparent, accessible and citizen-centric.
Announcing the initiatives, Haryana’s chief information commissioner TVSN Prasad said the commission was undertaking a comprehensive overhaul of its functioning so that the RTI mechanism becomes more responsive to citizens and cases are disposed of with greater speed, efficiency and consistency.
Mega training programme
Prasad said the commission is embarking upon one of the most comprehensive RTI capacity-building programmes undertaken in the state, with the objective of training nearly 25,000 SPIOs and FAAs in one year. The programme will also cover around 6,300 sarpanches, who function as SPIOs at the village level.
The programme will combine online and offline modes of training to bring virtually the entire SPIO and FAA machinery of Haryana within a structured capacity-building framework.
The chief information commissioner said the objective of the programme is not merely to acquaint officers with the technical provisions of the RTI Act, but to develop a deeper understanding of the spirit, purpose and citizen-centric philosophy of legislation.
“The real objective of the RTI Act is to facilitate the flow of information to citizens. A culture of information-sharing has to replace a culture of information-denial. Our effort is to ensure that SPIOs understand not merely what information can be denied, but, more importantly, what information can and should be provided,” said Prasad.
For the programme, the Commission has collaborated with the Administrative Staff College of India (ASCI), Hyderabad, and the Haryana Institute of Public Administration (HIPA). The Commission will also seek expert assistance from renowned law schools.Strengthening the First Appellate Authority
The chief information commissioner said the Commission has identified the functioning of the First Appellate Authority as a crucial area requiring focused attention. The training programme will specifically seek to strengthen the first appellate mechanism so that grievances are effectively addressed at the departmental level itself, thereby reducing avoidable litigation and pendency before the State Information Commission.
The commission has observed that, in a number of cases, First Appellate Authorities have not been exercising their statutory powers to the extent envisaged under the RTI Act.
“The training will therefore focus on the role, responsibilities and adjudicatory functions of FAAs, including the need to pass appropriate and reasoned orders in accordance with the statutory framework,” Prasad said.
Another major reform will be the adoption of a 100% hybrid mode of hearing of RTI cases. The facility will enable appellants and respondents to participate in hearings without necessarily having to travel to the commission.
Taking another step towards digital accessibility, the commission will soon introduce e-filing of second appeals and complaints through its web portal. At present, the online facility is available for RTI applications and first appeals.

Vaishno Devi Medical College in Katra Loses MBBS Nod After Hindutva Protests Over Muslim Majority.

The Wire: Ankit Raj New Delhi: Thursday, August 13, 2026.
In January 2026, the NMC withdrew the permission from the Shri Mata Vaishno Devi Medical College, located in Jammu & Kashmir. However, in response to a query, the commission has said it possesses no specific document detailing the criteria to issue a warning versus altogether revoking permission.

On January 6, 2026, the National Medical Commission (NMC) withdrew permission to run the MBBS (Bachelor of Medicine and Bachelor of Surgery) program at the Shri Mata Vaishno Devi Institute of Medical Excellence (SMVDIME) in Katra, Jammu and Kashmir. 
The action was taken amid protests from Bharatiya Janata Party-supported Hindutva organisations against the high number of Muslim students enrolled at the medical college, even though all admissions had been based on National Eligibility-cum-Entrance Test (NEET) merit.
In its order, the commission cited serious deficiencies related to the faculty, the infrastructure and clinical facilities. However, a recent response to a Right to Information (RTI) application has brought to light fresh concerns regarding the NMC's modus operandi, especially actions against medical colleges.
In its RTI reply, the commission stated that its records do not contain any specific document outlining the criteria for determining when permission can be promptly revoked, as opposed to directions concerning when a show-cause notice, a warning or a chance to rectify deficiencies within a specified timeframe should be issued.
What information was sought in the RTI?
The RTI application was filed with the Medical Assessment and Rating Board (MARB) of the NMC on July 1, 2026. It sought a total of 14 items of information about inspections of medical colleges, the deficiencies identified and the regulatory measures implemented against them over the past three years.
The Wire Hindi was able to access the RTI application and its response through RTI activist Kanhaiya Kumar. The final three points of the application sought the following information:
Out of the colleges identified in Point 1, a list of colleges where the Letter of Permission/renewal of permission was withdrawn, suspended, or cancelled by MARB in the last 3 years, along with the specific deficiencies/grounds cited in each such case.
Out of the colleges identified in Point 1, a list of colleges where the inspection report recorded one or more deficiencies similar to those at Point 2 to 11 above, but where the Letter of Permission/ recognition was NOT withdrawn, suspended, or cancelled – along with the reasons/justification recorded by MARB for continuing recognition despite such deficiencies.
Copies of the specific guidelines/criteria followed by MARB to decide whether a given deficiency (or combination of deficiencies) results in withdrawal of permission versus a show-cause notice/ warning/ time-bound compliance direction.
Questions asked in the RTI application.
While disposing of the RTI application on July 2, 2026, the NMC refused to furnish nearly all of the requested information. Its response stated:
"The information sought is not maintained by the MARB in the manner sought in the RTI application. Under the Right to Information Act, 2005, the CPIO is required to provide only such information as is available and existing on the records of the public authority. The Act does not cast any obligation upon the CPIO to create information, compile or collate data from various records, or furnish information in the format desired by an applicant. Accordingly, the information sought cannot be provided.
With regard to Point No. 14 of the RTI application, it is informed that no such specific information/document, as sought, is available on the records of this CPIO. However, the applicant may refer to the National Medical Commission Act, 2019 and the regulations framed thereunder, which are available in the public domain."
In other words, the existence of any distinct criteria (as requested in the RTI) for cancelling permission has been denied.
The response is especially significant as decisions about granting, renewing or revoking permission for medical colleges directly impact the futures of lakhs of students.
What does the NMC Act say?
The NMC, in its response, advised referring to the NMC Act, 2019. A study of the Act reveals that Sections 26, 28 and 29 authorise the MARB to conduct inspections and assessments of medical colleges, as well as to grant or deny permission for the establishment of new medical colleges or courses.
The Act additionally specifies the general criteria to be taken into account while making decisions regarding permissions. Section 26(1)(f) of the Act states:
“The Medical Assessment and Rating Board shall take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against a medical institution for failure to maintain the minimum essential standards specified by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, in accordance with the regulation made under this Act.”
However, the Act fails to offer a definitive list, or quantitative criteria, explicitly outlining the percentage of deficiency, the extent of infrastructural inadequacy or the specific circumstances under which permission can be immediately withdrawn.
Thus, even though the law empowers the commission to take action, there exists no distinct public "decision matrix" or comprehensive set of guidelines about choosing from among different possible courses of action. This is precisely the concern raised by the RTI application.
Controversies surrounding the medical college
The NMC's decision to withdraw permission for the SMVDIME came at a time when the medical college was embroiled in an intense communal controversy. In September 2025, NMC granted permission to SMVDIME to commence an MBBS program with a capacity of 50 seats. Note that Section 28 of the NMC states:
"No person shall establish a new medical college or start any postgraduate course or increase number of seats without obtaining prior permission of the MARB. The MARB shall, having due regard for the criteria specified in section 29, consider the scheme received under sub-section (2) and either approve or disapprove such scheme within a period of six months from the date of such receipt… Provided that before disapproving such scheme, an opportunity to rectify the defects, if any, shall be given to the person concerned." SMVDIME had achieved this significant milestone.
Subsequently, Jammu and Kashmir Board of Professional Entrance Examination published the merit-based admission list for the academic session 2025-2026. Of the 50 seats available, 42 were filled by Muslim students from Kashmir, seven by Hindu students and one by a Sikh student. All selections were made through NEET.
Nevertheless, soon after the release of the selection list, many Hindutva organisations started opposing the decision. They argued that the medical college was run by Shri Mata Vaishno Devi Shrine Board, which derives its revenue from Hindu devotees' offerings from across the country. Therefore, a majority of the seats should be reserved for Hindu students.
On November 22, 2025, nearly 60 Hindutva organisations formed the Shri Mata Vaishno Devi Sangharsh Samiti, including various groups affiliated with Bajrang Dal, Vishwa Hindu Parishad (VHP) and BJP. Initially, they sought the cancellation of admissions to Muslim students. However, the movement subsequently escalated to a demand for the complete closure of the medical college.
The group held multiple demonstrations, staged dharnas (sit-ins) outside the college and also warned of Jammu bandh (close) and chakka jam (roadblock). Bajrang Bagra, the General Secretary of VHP, also addressed a letter to Lieutenant Governor Manoj Sinha regarding the "religious imbalance and protection of religious sentiments." BJP leaders met the Lieutenant Governor and Union health minister J.P. Nadda and informed him about the agitators' demands.
On January 2, 2026, the MARB team carried out a surprise inspection of the college. Four days later, on January 6, the NMC issued an order withdrawing permission granted to the college. Regarding the controversy over the high number of Muslim students in the medical college, Amulya Nidhi, national convenor of Jan Swasthya Abhiyan-India, questioned the number of students who had applied for admission, demanding information about their religious identities.
Speaking to The Wire Hindi, Nidhi said, “Did those who sparked this debate try to find out how many of the applicants for nomination were Hindus and how many were Muslims? If out of 100 children applying to that college on the basis of NEET merit, 80 to 90 were Muslims, then it is likely that the majority of them would be selected.” He went on to say, "In a medical college located in a tribal region such as Chhattisgarh, the number of tribal students is likely to be higher due to their larger population and more applications. Now, if someone questions why there are more seats allocated to tribal students in that college, it makes no sense. It is reasonable for tribal people to get more seats in tribal-dominated areas or in the medical colleges of the state, which is also valid." What shortcomings did the NMC cite? According to media reports, the commission noted that the college had 39% fewer teachers than the prescribed standards and the number of tutors, demonstrators and senior residents was lacking by 65%.
In addition to this, the inspection revealed that the number of patients visiting the OPD was recorded to be less than half of the prescribed standard. The hospital’s bed occupancy was found to be only 45%, as opposed to the mandated 80%. On an average, only about 50% of the beds in the intensive care unit (ICU) were found to be filled. NMC also said certain departments lacked practical and research labs and lecture theatres did not meet the required minimum standards. The library had only half of the prescribed number of books and there were only two journals accessible instead of the expected fifteen. The commission claimed there was a lack of facilities, such as sufficient operation theatres and separate wards for male and female patients. Due to these purported deficiencies, the NMC withdrew the college’s permission and instructed that all 50 students from the 2025-2026 batch be placed in supernumerary seats at other government medical colleges in J&K. In addition, it ordered the encashment of the institute’s performance bank guarantee amounting to Rs 15 crore. Allegations denied by the college Officials and faculty members from the institute raised serious concerns regarding the NMC's findings. 
They said the surprise inspection was carried out on January 2 during the winter break, a period when about 50% of the faculty was on leave. An official stated that the college received a phone call only 15 minutes prior to the arrival of the inspection team and efforts were made to contact the teachers who were on leave and ask them to return. Institute officials also challenged several statistics recorded in the NMC report. According to the Indian Express, an official asserted that the NMC documented 75 books and two journals in the library, while in reality, there were 2,713 books, 480 journals, 392 national e-journals and 9,900 foreign e-journals available there. Similarly, the institute claimed that there were eight operation theatres, as opposed to two recorded by the NMC. They also contested the finding regarding separate wards, saying that distinct rooms were available for indoor patients (those undergoing treatment). 
Certain officials and faculty members also alleged that the inspection team’s approach was pre-determined. According to them, the team had already made up its mind to withdraw the permission before even arriving at the campus. They linked this stance to the ongoing protests against the college. The Wire Hindi reached out to Yashpal Sharma, executive director of SMVDIME, to determine whether the deficiencies cited by the NMC for withdrawing the 'letter of permission' were indeed valid. Sharma responded, “See, if it said that there are deficiencies, we cannot claim otherwise. We cannot challenge the regulator's decision. …The decision to challenge it rests with the top authority (institute's board). No such decision has been taken from that level." When asked about why they did not contest the NMC's ruling, Sharma said, "We did not challenge it because we accepted it." Moreover, the organisation did not get a change to present its case before the NMC. "We were not even issued a notice. It was cancelled outright,” said Sharma. He added, "Many decisions are taken keeping multiple interests in mind. You are also aware that the circumstances were not normal at that time." ‘NMC's functioning is not transparent' Nidhi said the NMC has a prescribed procedure for granting approval to medical colleges. 
He explained that a team conducts an inspection of the college and permission is granted after evaluating all the necessary parameters. Regular monitoring is performed, which may happen periodically or in response to any complaints. He also questioned the decision to withdraw the permission based on the deficiencies pointed out by the NMC. Citing the example of Madhya Pradesh Professional Examination Board (MPPEB) Vyapam scam, he said, 'The Vyapam scam occurred in Madhya Pradesh, and the case is still going on. However, the medical colleges continue to operate. Why is the NMC not withdrawing the permission for those colleges until the case is resolved?
He demanded whether the license of any medical college ought to be cancelled due to the deficiencies pointed out. “A notice can be issued for a shortage of books, or an insufficient number of teachers, and ask for the identified deficiencies to be rectified within the stipulated time. This is the standard procedure,” he said. "Moreover, if the deficiencies were indeed so severe that the license needed to be withdrawn then the team which conducted the investigation and granted the letter of permission to the college should also be dismissed. Given that the permission was given only three or four months ago, how could such a serious deficiency arise in such a short time? Also, if permission was given despite the deficiencies, then the investigating team should be subject to scrutiny," said Nidhi. “If licenses have been cancelled on the basis of shortage of teachers, then the licenses of the majority of private medical colleges in the country should be revoked. 
What is the situation regarding faculty in government medical colleges? Let the government release the figures and everything will become clear," he arrested, while questioning if there were any complaints made by students against SMVDIME. Nidhi raised contentions about the selected day for the inspection as January 2, 2026, was a Friday and coincided with the birth anniversary of Prophet Mohammed. "Friday holds significant importance for Muslims. Jammu and Kashmir is a Muslim-dominated area, and it is possible that the teachers had gone to offer Namaz. Patients also avoid visiitng the hospital that day. In the afternoon, the atmosphere resembles a holiday due to the Friday prayers. More influx of patients is observed in the hospital on Sundays compared to Fridays," he said. 
He demanded the commission to release a list of inspections conducted over the last year and provide details about the same, a question that was also raised by Kumar in his RTI application. "The processes of NMC are not transparent, whether it pertains to granting permission, monitoring or revoking licences," said Nidhi, emphasising that medical colleges located in sensitive regions like Kashmir should be expanded rather than shut down. "Students in that area already face limited access to education. The number of educational institutions is insufficient. This is unethical," he said
It is noteworthy that shortly after the NMC's decision, many Hindutva organisations, including the Shri Mata Vaishno Devi Sangharsh Samiti, the Rashtriya Bajrang Dal and the Yuva Rajput Sabha, proclaimed it a victory, distributing sweets and holding celebrations across Jammu. Retired Colonel Sukhveer Singh Mankotia, who serves as the convener of the Sangharsh Committee, described the outcome as a success of his 45-day campaign and expressed his gratitude to Union health minister J.P. Nadda and the central leadership. 
BJP leaders also welcomed the NMC’s decision. J&K BJP president Sat Sharma said it was natural for any institution that failed to meet the NMC's standards to have its recognition revoked. BJP MLA R.S. Pathania called it "a step towards ensuring quality." Meanwhile, J&K chief minister Omar Abdullah criticised those celebrating the decision. He pointed out that other parts of the country were struggling to establish medical colleges, whereas, in Jammu, the closure of a medical college was being celebrated. He further demanded that on what basis was the permission granted to the college in the first place few months ago if it did not meet the standards and who would take responsibility of the supposed lapse
The first student to enrol at SMVDIME, also expressed displeasure over the celebration, "The closure of the college represents not only a loss for many students, but a huge setback for the entire Jammu and Kashmir region. A commendable new college had been established with excellent infrastructure. To celebrate after such a huge loss is shameful and pathetic."
When asked if the deficiencies cited by the NMC really exist, he replied, "No, it was nothing like that. If the same inspection which was done in this college is carried out regularly in other GMCs (Government Medical Colleges), then many GMCs will be closed. We are medical students, we know the conditions there (medical colleges)." Manit believes that SMVDIME was 'targeted.' Fresh questions raised on regulatory action The primary concern has shifted from merely assessing whether SMVDIME had deficiencies to understanding how the NMC determines whether to revoke permission or to allow an opportunity for improvement.
The RTI sought a copy of the specific guidelines or criteria for the same. However, the commission advised the applicant to refer to the NMC Act, 2019, instead. The 2019 Act empowers the MARB to inspect medical colleges, ensure compliance with the prescribed standards and, if necessary, take regulatory action such as issuing warnings, imposing fines, reducing or halting admissions and withdrawing permissions. 
However, there is no such public criterion that defines what specific action will be taken. Similarly, the Minimum Standard Requirements (MSR) regulations for medical colleges specify the required number of faculty members for a college with 50 seats, the number of hospital beds, the daily OPD patient load, the quantity of books and journals available in the library, as well as other essential infrastructure.
These regulations do not explicitly detail the repercussions of not achieving a particular standard – particularly, if such a shortfall would lead to immediate revocation or an opportunity for rectification. This is precisely why the RTI response prompted regulatory inquiry. In the absence of a separate public document, what grounds had been used to differentiate between the various types of actions taken against medical colleges, such as issuing show-cause notices, warnings, directives for time-bound compliance or the outright withdrawal of permission? To seek greater clarity, 
The Wire Hindi has emailed a list of detailed questions to Raghav Langer, the secretary of the NMC. This report will be updated if he responds. Translated from Hindi by Naushin Rehman. This article was originally published on The Wire Hindi.
This article went live on August twelfth, two thousand twenty six, at fifty-one minutes past five in the evening. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments

Rajarhat real estate project declared illegal.

Millenium Post: Thursday, August 13, 2026.
The Calcutta High Court has declared the “Aqua Golf Villa” real estate project at Rajarhat in North 24-Parganas illegal and unauthorised, directing the North 24-Parganas Zilla Parishad to initiate steps for its demolition within four weeks. Justice Suvra Ghosh passed the order on a writ petition filed by Ashley Brian Hyams, a retired ship-captain who had booked a villa in the project developed by M/s Greentech IT City Pvt. Ltd. Hyams had booked Villa AGV-19 in 2014 for Rs 1.5 crore and paid over Rs 78 lakh to the developer. 
Although possession was scheduled for November 2016, the villa was not handed over. Also Read - Bengal clears Bill to raise KMC wards to 209, Howrah to 68 He subsequently sought information under the Right to Information Act about the approvals obtained for the project.
The RTI responses, according to the petitioner, showed that the project lacked the required permissions from Chandpur Gram Panchayat, Rajarhat Panchayat Samiti and the North 24-Parganas Zilla Parishad. 
It was also not registered with the West Bengal Real Estate Regulatory Authority. An enquiry ordered by the Rajarhat Block Development Officer reportedly found that the developer could not produce documents establishing valid construction permission. The Chandpur Panchayat pradhan also stated that no permission had been issued for the project. 
The petitioner had further produced sanction plans and completion certificates allegedly used by the developer in proceedings before the National Company Law Tribunal. An RTI response dated June 26, 2025, was cited to contend that the documents were not genuine.

NGO Funding Peaceful Protests Can't Be Ground To Deny Its FCRA Renewal: Kerala High Court.

Live Law: Kerala: Thursday, August 13, 2026.
The Kerala High Court recently came to the aid of two NGOs, whose FCRA renewal applications were rejected by the Centre relying on a report of the Central Security Agency (Intelligence Bureau) alleging that they 'funded' the protests at Vizhinjam Port. [2026 LiveLaw (Ker) 439]
It was alleged that one of the NGOs [Save A Family Plan India] transferred funds to another NGO named Trivandrum Social Service Society (TSSS), which in turn, diverted funds to SAKHI and SEWA, which allegedly funded the protests.
In the case of Kerala Social Service Forum, the allegation was that it was an official state level body of Kerala Catholic Church functioning under Kerala Catholic Bishops Council (KCBC), which had funded the protests.
Justice Bechu Kurian Thomas noted that there were no materials to show that NGOs had funded the protests, and added that even if they had, in fact, done so, that cannot be a ground to reject FCRA renewal:
“the report has not even identified any financial trail between the petitioner and any of the protestors directly…even if it is assumed that the petitioner had funded the peaceful protests, still, can it be held to be a reason to deny renewal of the certificate? The answer has to be in the negative. The right to protest is an integral part of a democracy. Every citizen has the right to demonstrate or to protest in a peaceful manner. The said right emanates from the right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India.”
It was further remarked that peaceful protest does not fall within the meaning of 'undesirable purpose' mentioned under Section 12(4)(a)(ii) of the FCRA:
“When the right to protest is constitutionally guaranteed, exercise of such rights cannot be labelled as 'an undesirable purpose' or against public interest… A peaceful protest against a project by persons who have a grievance or who apprehend injury to them, cannot be viewed as an 'undesirable purpose' due to a political disapproval. Executive or administrative distaste for protests or dissents, cannot convert the exercise of a constitutionally protected right into an 'undesirable purpose' or as against 'public interest'.”
The Court was considering petitions filed by the two NGOs, being aggrieved by the rejection of their FCRA renewal as well as the revisional order challenging the same.
The NGOs contended that they have been holding FCRA registration for decades without any violations and these have been renewed without any blemish till now. They took a stand that they never diverted any funds for supporting any protests and funds were only transferred to other FCRA-registered NGOs for welfare programmes. It was pointed out that no reasons were given for rejecting the renewal and they were not given an opportunity of hearing.
The Centre challenged the maintainability of the writ petition and pointed out that the right to receive foreign contribution is not a fundamental right. Since FCRA is a national security legislation and since foreign funding cannot be used any activity detrimental to national interests, which was done by the petitioners as revealed in the field inquiry, it was argued.
The Centre also took a stand that there was no statutory mandate to divulge reasons for rejection of renewal. When funds are diverted for 'undesirable purposes', the petitioners are entitled for renewal of their registration, it was argued. It also submitted that the petitioners cannot be told the reason for rejection and produced the Central Agency report in a sealed cover before the Court.
After hearing the parties, the Court observed that the order rejecting renewal of registration as per the Foreign Contribution (Regulation) Act, 2010 cannot be 'cryptic' and must be reasoned.
“In a democratic country, governed by the rule of law, for rejecting an application, even if it is a renewal application for permission to receive foreign contribution, reasons are essential. An order without reason is an action born of whim and not of law. The right to be furnished with reasons is, undoubtedly, an indispensable part of a sound judicial system…There is not even a whisper about the clarifications given by the petitioner or as to how the petitioner can even be blamed for the alleged nature of use of the funds it transferred to another FCRA registered organization,” the Court opined.
Referring to Sections 16 [Renewal of certificate] and 12 [Grant of certificate of registration] of the FCRA, the Court remarked that the authority must record reasons for rejecting the renewal application, whether or not there was delay. It also said that merely quoting statutory provisions in the rejection order is not enough.
“the proviso to section 16(3) of the FCRA cannot be perceived as confined only to provide reasons for the delay. It would be quite preposterous to read the statute as laying down the principle that reasons must be given only for the delay and not when the application is rejected. The rights of the parties are affected not only when there is delay in considering the application for renewal, but also when the application is rejected. The very terminology used in the statute itself indicates that reasons have to justify rejection,” the Court added.
Moreover, even if there is no fundamental right to receive foreign funds and the permission to receive it is a regulatory mechanism, such a mechanism cannot ignore need to give reasons while rendering decisions, the Court opined.
The Court took note of the fact that the petitioners were not included in the list of NGOs involved in the protests and merely because the funds transferred by it were transmitted to another for funding the protests, that does not warrant denial of renewal against the petitioners.
It was also of the view that the report of the Central Security Agency does not reveal any material to claim a privilege under concerns of national security.
“there is no mandate that can be read into section 12(5) of the FCRA that merely because there is a report of a Central Security Agency, the reasons cannot be divulged or furnished. A contrary interpretation would lead to an anomalous and arbitrary situation wherein the statutory authority can pick and choose applicants for grant or renewal of certificate of registration and deny furnishing any reason, by merely referring to a report of a Central Security Agency,” the Court added.
The Court was of the view that there were no valid reasons for rejecting renewals and that the petitioners were entitled to have their registration renewed. Thus, it set aside the rejection and revision orders, and directed the authorities to pass fresh orders within 3 months.
In one of the judgments, it was clarified that till a decision in this regard was made, the petitioner's FCRA certificate would remain valid for enabling it to utilize the funds already received.
Case Nos: WP(C) No. 42996 of 2025 and WP(C) No. 43936 of 2025
Case Title: Save A Family Plan India v. Union of India and Ors. & Kerala Social Service Forum v. Union of India and Ors.  Citation: 2026 LiveLaw (Ker) 439
Counsel for the petitioners: Karthika Maria, Santhosh Mathew (Sr.), Shinto Mathew Abraham, Arun Thomas, Veena Raveendran, Anil Sebastian Pulickel, Mathew Nevin Thomas, Kurian Antony Mathew, Karthik Rajagopal, Leah Rachel Ninan, Arun Joseph Mathew, Noel Ninan Ninan, Adeen Nazar, Aparnna S., Rohan Mathew
Counsel for the respondents: Harikumar G. Nair - Sr. CGC, K. Jayesh Mohankumar

Wednesday, August 12, 2026

Publishing key public details routinely can reduce RTI applications: Arunachal Guv

India Today NE: Itanagar: Wednesday, 12 August 2026.
Governor KT Parnaik told State Chief Information Commissioner Jarken Gamlin that routine public disclosures should become standard practice. He said proactive publication and digital records would improve transparency and reduce separate RTI applications.
Arunachal Pradesh Governor KT Parnaik on Tuesday, August 11, said routinely publishing key public information is an effective way to promote transparency and reduce the need for formal Right to Information (RTI) applications.
Parnaik made the remarks when State Chief Information Commissioner Jarken Gamlin called on him at the Lok Bhavan here, according to an official release.
The governor advocated shifting the implementation of the RTI Act from a system of “information on demand to information by default”, saying this would strengthen transparency and citizen-centric governance in the state.
“Publishing key public details routinely is the most effective way to foster openness and reduce formal RTI applications,” he said.
Parnaik advised government departments to regularly update essential information on their official websites, including budgets, project progress, beneficiary lists, recruitment notices, tenders, land allotments and welfare schemes.
He also emphasised the need for modern record management and called for a mission-mode programme to digitise government files, integrate e-Office systems and create searchable digital repositories across departments.
The governor said proactive disclosure of information would make government functioning more transparent and allow citizens to access essential information without having to file separate RTI application.

CIC submits annual report to guv

The Arunachal Times: Itanagar: Wednesday, 12 August 2026.
State Chief Information Commissioner (CIC) Jarken Gamlin called on Governor KT Parnaik at the Lok Bhavan here on Tuesday, and submitted the annual report of the Arunachal Pradesh State Information Commission. 
Gamlin also briefed the governor on the commission's recent initiatives, achievements, challenges, and future roadmap for strengthening transparency and citizen-centric governance in the state.
Highlighting the transformative role of the Right to Information Act, 2005, the governor emphasised the need to move from a system of "information on demand" to one of "information by default." He said that proactive disclosure under Section 4 of the RTI Act is the most effective way to promote openness and reduce the need for citizens to seek information through formal applications.
He advised all departments to regularly publish key public information, including budgets, development project progress, beneficiary details, recruitment notifications, tender processes, land allotments, welfare schemes and important administrative decisions on their official websites.
To ensure greater compliance, he suggested launching a statewide 'proactive disclosure compliance drive', supported by periodic audits of public authorities.
The governor also underscored the importance of modern record management and digital governance. Observing that efficient recordkeeping is the backbone of transparency, he advocated a mission-mode programme for digitisation of government records, integration with e-Office systems and creation of searchable digital repositories across departments.
Emphasising on capacity building, Parnaik advised the commission to institutionalise quarterly training programmes for public information officers, assistant public information officers, and first appellate authorities, focusing on statutory timelines, exemptions, proactive disclosure obligations and citizen-friendly responses. He said that the State Information Commission should evolve beyond its appellate role and emerge as a leading institution promoting transparency, accountability, and good governance.
State Chief Information Commissioners Vijay Taram, Khopey Thaley, Dani Gamboo and Sangyal Tsering Bappu, Secretary-cum-Registrar Sode Potom, and Deputy Registrar Priscilla Tayeng were also present at the meeting. (Lok Bhavan)

Tuesday, August 11, 2026

PSIC seeks vigilance probe into Ferozepur panchayat records.

Times of India : Vinod Kumar: Chandigadh: Tuesday : August 11, 2026.
The Punjab State Information Commission (PSIC) has recommended an independent vigilance examination of the handling and preservation of panchayat records in Ferozepur, observing that “misuse of govt funds” could not be ruled out and officials appeared to be “hand in glove” in delaying disclosure of records.
The commission, while disposing of a second appeal under the RTI Act, also recommended disciplinary action against the block development and panchayat officer (BDPO), panchayat secretary and concerned sarpanches for prima facie negligence and dereliction of duty. The case arose from a June 2022 RTI application seeking records relating to 10 villages under the BDPO, Ferozepur.
Despite repeated hearings over nearly four years, the appellant maintained that complete information had not been provided. During hearings in 2023, the panchayat secretary repeatedly assured the commission that the information would be furnished. The BDPO, the designated public information officer, remained absent on several occasions, prompting a show-cause notice. Continued non-appearance eventually led to bailable warrants against the BDPO-cum-PIO in May 2025 and Rs 5,000 compensation to the appellant.
The BDPO later offered inspection of the records, but the appellant said he was not facilitated to inspect them. The commission again issued bailable warrants following non-appearance at a subsequent hearing. The commission noted that sarpanches of nine of the 10 villages had not handed over panchayat records to the authorities.
The matter was referred by the SDM, Ferozepur, to police for action under the Punjab Panchayat Act, 1994, but no progress was available on record. It also examined an affidavit from the panchayat secretary claiming records of six gram panchayats had been destroyed in floods. The commission found the explanation “unsatisfactory”, noting that a DDR concerning the missing or damaged records was lodged only on Nov 30, 2023 — more than a year after the RTI application. While the DDR covered six villages, no satisfactory explanation was given for records of the remaining four.
The commission also found that no audit or verification of missing records appeared to have been conducted. The commission cited a March 2026 letter from the BDPO to the director, rural development and panchayats, stating that the panchayat secretary had neither submitted records of six gram panchayats for audit nor handed them over to the incumbent secretary.
The BDPO had recommended disciplinary action against him. Observing that the BDPO office and panchayat secretary appeared to be “hand in glove” and were misleading the Punjab State Information Commission, the department and the appellant, the commission said “misuse of govt funds” could not be ruled out as the secretary was allegedly evading audit while delaying disclosure under the RTI Act.
The commission said the BDPO was responsible for supervising panchayat records, the secretary for maintaining them and the sarpanch for their custody, making all three prima facie responsible for their preservation and availability.

No Central Database For Co-op Fraud FIRs In Maha: RTI Reply

Times of India: Nagpur: Tuesday, August 11, 2026.
Maharashtra's cooperation department does not maintain a centralised database or tracking mechanism for First Information Reports (FIRs) registered in cases of fraud, embezzlement and financial irregularities involving cooperative banks, credit societies and other cooperative institutions, an RTI reply has revealed.
The disclosure came in response to an application filed by Sanjay Thool, president of the Association of Social and RTI Activists, who had sought details of FIRs registered against cooperative institutions across Maharashtra over past 20 years, along with names of the institutions and the outcomes of related court cases.
In a reply under Right to Information Act, public information officer and assistant registrar Sanjay Arakh stated criminal complaints in such cases are registered at local level by district deputy registrars, assistant registrars or special auditors. Once an FIR is lodged, investigation, filing of chargesheets and trial proceedings fall within jurisdiction of the police and judiciary.
As a result, cooperation commissioner and registrar's office does not maintain any consolidated or centralised record of FIRs, investigations or court judgments related to financial irregularities in cooperative institutions, the reply said.
Following the disclosure, Thool has written to CM Devendra Fadnavis, urging the govt to introduce systemic reforms to improve transparency and safeguard public deposits in the cooperative sector.
He has sought creation of a state-level digital portal under cooperation commissioner for maintaining a central repository of all FIRs and criminal cases registered against cooperative institutions across Maharashtra. Thool also proposed that cooperation department's official website host a dedicated dashboard displaying status of FIRs, chargesheets and court proceedings in such cases.
In addition, he called for a state-level monitoring mechanism to conduct quarterly reviews of police investigations and judicial progress in cases involving cooperative institutions, arguing that such oversight would strengthen accountability and public confidence in the sector.
The RTI disclosure has highlighted a gap in institutional oversight, raising questions over how state monitors criminal proceedings involving thousands of cooperative institutions that handle public funds across Maharashtra.
#Key takeaways:
  • RTI reveals Maharashtra lacks a central database for FIRs against cooperative institutions.
  • Cooperation Commissioner's office does not track investigations or court outcomes.
  • FIRs are registered locally by district and taluka-level cooperation authorities.
  • Police and judiciary handle investigations, chargesheets and trials.
  • Activist Sanjay Thul has written to chief minister Devendra Fadnavis.
  • He has demanded a state-level digital portal for all cooperative fraud cases.
  • Proposal includes a public dashboard showing FIR, chargesheet and court status.
  • Quarterly monitoring of investigations and trials has also been suggested.

Challenge to DPDP Act | Day 2: Law may impede investigative journalism, petitioners argue.

SC Observer: New Delhi: Tuesday, August 11, 2026.
Today, a Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana heard a batch of petitions challenging the constitutionality of provisions of the Digital Personal Data Protection Act, 2023 (DPDP Act) and the Rules framed under it. The petitioners contended that the Act amends Section 8(1)(j) of the Right to Information Act, 2005 (RTI) by removing the public interest safeguard that earlier allowed disclosure of personal information in appropriate cases, replacing it with a broader exemption.
Petitioners: Amendment removes RTI’s public interest safeguard
Advocate Nisha Bhambhani submitted that the amendments would seriously impede investigative reporting because journalists would be required to obtain the consent of the “data principal” before publishing a report, and later erase the information at that person’s request. CJI Surya Kant responded, “The balance has to be worked out with the right to privacy.”
Advocate Vrinda Grover argued that the DPDP Act fundamentally alters the RTI framework as the amended provision exempts personal information from disclosure without preserving the balancing exercise built into the original law. This would exclude “a whole swathe of information” that citizens could previously access under Articles 19 and 21.
Advocate Prashant Bhushan argued that the balance between privacy and the right to information had already been settled by the Supreme Court in Central Public Information Officer, Supreme Court of India v Subhash Chandra Agarwal (2019). He submitted that the original Section 8(1)(j) exempted only personal information unrelated to any public activity or public interest, or information whose disclosure would amount to an unwarranted invasion of privacy. “That balance has now been dismantled,” he argued. As a result, he contended, even information such as pending charge sheets against public officials, or details relating to welfare schemes and ration cards, could now be withheld on the ground that they constitute personal information.
How far can the RTI exemption go?
Justice Bagchi observed that both the RTI Act and the DPDP Act are central legislations and the Court would have to examine whether they operate harmoniously. He noted that the RTI Act “operates in a much larger domain”, covering all forms of information, while the DPDP Act applies to “a much narrower sliver”, although digital information today constitutes the overwhelming part of information held by the State. The Bench said it would examine whether the distinction drawn between digital personal data and other forms of information is founded on an intelligible differentia and bears a rational nexus to the object of the legislation.
Bhushan argued that the amendment extends beyond digital personal data because it expressly substitutes Section 8(1)(j). Justice Bagchi said the Court would also have to consider whether the legislation can impose “a blanket prohibition on disclosure of all digital personal information” or whether a proportionate approach is constitutionally required.
Addressing the concerns over journalism, Justice Bagchi clarified that neither Subhash Chandra Agarwal nor the RTI Act creates a separate exemption for journalists beyond the protection available under Article 19(1)(a).
Union to justify amendments
Solicitor General Tushar Mehta informed the Bench that the Union would file its reply within two weeks and place its justification for the legislation on record, adding that it would remain “subject to judicial review.”
The matter has been directed to be listed on a non-miscellaneous day.

Monday, August 10, 2026

RTI Applicant Not Familiar With Language Of Information Cannot Bring Third Party For Inspection: Gujarat High Court

Court Book: Ahmedabad: Monday, 10 August 2026.
Gujarat High Court quashes rejection of an RTI appeal and directs records inspection, while requiring the petitioner to inspect documents personally without an accompanying person. - Vala Jodhubhai Golanbhai v. RTI Officer & Ors.
The Gujarat High Court has held that an RTI applicant who is not conversant with the language or contents of the information sought cannot insist on taking a third party along while inspecting the records. The Court observed that allowing such a person to accompany the applicant could, in effect, amount to providing the information to a third party.
Justice Nirzar S. Desai passed the order on July 31, 2026, while dealing with a petition challenging the rejection of an RTI second appeal. The Court ultimately allowed the petitioner to inspect the records, but directed that he must do so personally and without any accompanying person.
Background Of The Case
The petitioner had approached the High Court challenging an order dated April 8, 2026, by which his second appeal was rejected. He had sought information under the RTI Act along with the relevant Form K and requested access to bulky records for inspection.
According to the impugned order, the petitioner had been asked to remain present and identify the precise information he wanted from the records. During an earlier visit to the Nagdala Gram Panchayat office, he reportedly arrived with six or seven persons and insisted that the records be shown to everyone accompanying him.
The records further stated that when the Talati-cum-Mantri refused, an incident allegedly followed in which the petitioner and those accompanying him misbehaved with the woman official. The official began recording the incident on her mobile phone and warned that the police would be called, following which they left the office. The second appeal was rejected after these circumstances were taken into account.
Undertaking Given Before The High Court
During the hearing, the petitioner submitted an affidavit-cum-undertaking in response to the Court’s oral directions.
He undertook to maintain a cordial and courteous manner while visiting the RTI office. He also agreed not to carry a mobile phone, camera or other recording device during the visit and promised not to cause any disturbance or obstruction to the functioning of the office.
The undertaking also stated that he would be accompanied by a person conversant with the contents and language of the information being provided.
Court’s Observation
The respondents opposed this part of the undertaking, particularly the petitioner’s request to have another person accompany him during inspection.
Justice Nirzar S. Desai observed that if the petitioner himself was not conversant with the language or contents of the information, allowing another person to accompany him could effectively result in the information being provided to a third party.
The Court noted that this raised a prima facie concern that the petitioner could be acting on behalf of such a third party, which, according to the Court, was not the object or purpose of the RTI Act.
At the same time, the Court took note of the undertaking furnished by the petitioner and the fact that he had been denied inspection following the alleged incident involving the concerned officer.
Decision
The High Court therefore quashed and set aside the April 8, 2026 order rejecting the petitioner’s second appeal.
The Court directed the concerned respondent to permit the petitioner to inspect the records and thereafter provide the information sought within one month from July 31, 2026. It specifically clarified that the petitioner alone could inspect the records and that no accompanying person would be permitted inside the concerned office.
The Court further directed that after the inspection, photocopies of documents specifically sought by the petitioner should be supplied upon payment of the prescribed charges.
With these directions, the petition was disposed of.
Case Details
Case Title: Vala Jodhubhai Golanbhai v. RTI Officer & Ors.
Case Number: R/Special Civil Application No. 9928 of 2026
Judge: Justice Nirzar S. Desai
Decision Date: July 31, 2026
(Download Order)

RTI panel orders fresh inspection at Architecture College

Oherald: Panjim: Monday, 10 August 2026.
Information Commission flags ‘collective failure’ in RTI implementation, directs inspection by September 30
The Goa State Information Commission (GSIC), Panjim has allowed a Right to Information (RTI) complaint filed by Roy C D’Souza against the Public Information Officer (PIO), First Appellate Authority (FAA) and other officials of the Goa College of Architecture, holding that the institution failed to effectively implement the provisions of the RTI Act despite the law being in force for over two decades.
State Information Commissioner Atmaram R Barve passed the order, while disposing of the complaint that arose from an RTI application filed by D’Souza on August 6, 2025.
According to the order, the PIO had sought assistance from concerned officers under Sections 5(4) and 5(5) of the RTI Act to process the application. Although the complainant was permitted to inspect documents on several occasions, he alleged that complete information was not provided and subsequently filed a first appeal on September 16, 2025. When the appeal was not decided within the prescribed time, he approached the State Information Commission on January 9, 2026.
In its observations, the Commission described the case as highlighting a “collective failure” by the institution to correctly interpret and implement the RTI Act. It noted that while the PIO had followed the statutory procedure by seeking assistance from other officers, the overall handling of the request failed to ensure effective disclosure of information to the applicant.
The Commission also expressed concern over the institutional arrangement in which the College Principal was entrusted with responsibilities connected to both the PIO and the First Appellate Authority (FAA). It observed that such an arrangement creates an inherent conflict of interest and could adversely affect the impartial disposal of RTI appeals.
The order further stressed that appellate authorities should not be subordinate to the officials whose decisions they are expected to review and that records required for deciding appeals should not remain outside the PIO’s custody.
Allowing the complaint, the SIC directed the PIO, NeeleshJuwarkar to provide the complainant with a comprehensive inspection of all relevant records sought under the RTI application by September 30, 2026. The inspection is to be conducted with the assistance of the concerned staff and documented through written minutes signed by all participants.
The Commission also ordered that any fee collected from the complainant for providing the information be refunded.
In addition, the FAA has been directed to transfer all records that should ordinarily remain in the custody of the PIO through a properly indexed, catalogued and documented handover process within 15 days of the order.
Both the PIO and the FAA have been instructed to submit compliance reports before the Commission on October 7, 2026, failing which further proceedings may be initiated.
Further, the Commission has recommended that the Directorate of Technical Education (DTE), Government of Goa, restructure the RTI appellate mechanism for the institution. It suggested designating the Principal as the PIO while appointing a higher-ranking authority in the DTE as the First Appellate Authority to eliminate conflicts of interest and ensure greater impartiality in RTI proceedings.
No order as to costs was passed. The Commission clarified that any party aggrieved by the decision may challenge the order by filing a writ petition before the appropriate court, as no further appeal is available under the Right to Information Act, 2005.

Inspect records alone, can’t take others’ help: HC

Times of India: Ahmedabad: Monday, 10 August 2026.
An RTI applicant cannot bring along another person to help inspect official records, Gujarat High Court has ruled while allowing a 74-year-old man access to documents held by a gram panchayat.
The court directed Jodhu Vala, a resident of Nagdala village in Gir Somnath district, to inspect the records personally and without a companion. It observed that permitting another person to view the documents could amount to disclosing the information to a third party.
Vala had sought information from the village talati-cum-mantri under the Right to Information (RTI) Act. As the records were voluminous, the officer allowed him to inspect them. Vala subsequently arrived with about six villagers and insisted that they, too, be allowed access to the documents.
According to the authorities, the group created a commotion after the woman officer refused to let everyone inspect the records. Vala appealed against the decision, but the state information commissioner rejected his plea after taking note of the alleged misconduct.
Vala then approached the high court. He assured the court that he would behave courteously during his next visit and would not carry a phone or camera. However, he sought permission to bring along a person familiar with the language and contents of the records to help him identify the information he needed.
Declining the request, Justice Nirzar Desai stated, “If the petitioner himself is not conversant with the language or the contents of the information sought, prima facie, permitting another person to accompany him during the inspection would, in effect, amount to providing the information to a third party. This gives rise to a prima facie impression that the petitioner is merely acting as a pawn for such a third party, which is not the object or purpose of the RTI Act.”
However, considering his promise of not causing any inconvenience to the RTI officer, HC quashed the information commissioner’s order of denying information to him on account of his alleged misconduct before the officer.
Permitting Vala to have access to the govt records under RTI, HC said, “It is, however, clarified that the petitioner shall be permitted to inspect the records only if he himself undertakes the inspection and does not insist upon any other person accompanying him during such inspection. No information shall be furnished or inspection permitted unless the petitioner personally inspects the records without the presence of any accompanying person.”

Sunday, August 09, 2026

SC Says RTI Activism Has Become a ‘New Business’, Denies Anticipatory Bail to Activist Content Copied from https://lawstreet.co

Law Street: Saket Saurav: New Delhi: Sunday, August 09, 2026.
In a significant observation on the perceived misuse of the Right to Information (RTI) Act, the Supreme Court recently remarked that RTI activism has evolved into a “new business.” The observation came while the Court was hearing a plea for anticipatory bail filed by an activist accused of obstructing a public servant during a government road construction project. A Bench of Justice Sandeep Mehta and Justice Vijay Bishnoi dismissed the plea for pre-arrest bail filed by Ramesh Kumar Behl and expressed strong disapproval of individuals who, under the guise of RTI activism, interfere with public works and harass government officials.
During the hearing, Justice Sandeep Mehta made sharp oral observations regarding the conduct of self-styled RTI activists. He remarked that RTI activism had effectively become a new profession and likened such conduct to “yellow journalism.” The Bench observed that when government funds are allocated for infrastructure projects, designated authorities are responsible for monitoring and supervising the work. Questioning the petitioner’s role, Justice Mehta referred to him as a “so-called RTI activist” and observed that such individuals have no role in interfering with the execution of public projects. Justice Vijay Bishnoi also questioned the petitioner’s locus standi to monitor the progress of the road construction work.
The Court asked under whose authority the petitioner was supervising the project and whether he possessed any official role empowering him to oversee the work. The Bench further observed that supervision and monitoring of public infrastructure projects fall within the exclusive domain of the authorities entrusted with their implementation. The observations reflect judicial concern that, in some cases, the RTI mechanism—intended to promote transparency and accountability—may be used to exert unauthorized influence over public administration.
The case arose from an FIR alleging that the petitioner and another accused obstructed an ongoing road construction project. According to the prosecution, the accused intimidated the site supervisor and labourers present at the location. The FIR further alleged that the petitioner assaulted the supervisor, while the co-accused physically attacked the supervisor by kicking him. The prosecution also alleged that caste-based derogatory remarks were made against labourers working at the site. Based on these allegations, an FIR was registered under various provisions of the Bharatiya Nyaya Sanhita, 2023, along with provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioner approached the Supreme Court after the Punjab and Haryana High Court rejected his application for anticipatory bail.
The High Court had observed that the allegations disclosed specific involvement of the petitioner in obstructing government work and found no grounds to grant the discretionary relief of pre-arrest protection. Upon consideration of the matter, the Supreme Court agreed with the High Court’s assessment and declined to interfere. The Court noted that public projects are executed through established governmental frameworks and that interference by self-appointed monitors can hamper infrastructure development. By describing such conduct as a “business” and comparing it to “yellow journalism,” the Court drew a distinction between genuine efforts to promote transparency and actions that create administrative hurdles under the guise of activism.
Consequently, the Supreme Court dismissed the Special Leave Petition and permitted the investigation to proceed in accordance with law. 
Case Title: Ramesh Kumar Behl v. State of Punjab | SLP (Crl.) No. 10257 of 2026

Supreme Court Seeks Centre's Response on Pleas Challenging DPDP Act, RTI Amendments.

Lawbeat: Sukriti Mishra: New Delhi: Sunday, August 09, 2026.
The Supreme Court examined whether the DPDP Act had created a blanket exemption for personal information and directed the Centre to file its response.

The Supreme Court on Friday commenced hearing a batch of petitions challenging provisions of the Digital Personal Data Protection (DPDP) Act, 2023, particularly its amendment to the Right to Information (RTI) Act, with petitioners contending that the legislation substantially weakens citizens' right to access information by creating an expansive exemption for "personal information."
The Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana considered submissions that the amendment to Section 8(1)(j) of the RTI Act upsets the constitutional balance between the right to information under Article 19(1)(a) and the right to privacy.
Appearing for one of the petitioners, Advocate Vrinda Grover submitted that the DPDP Act effectively rewrites Section 8(1)(j) of the RTI Act by removing the safeguards that earlier governed disclosure of personal information.She argued that under the previous framework, information could be withheld only if it had no relationship with any public activity or public interest and its disclosure would amount to an unwarranted invasion of privacy.
According to the petitioners, those safeguards have now been removed, with "all personal information" effectively becoming exempt from disclosure. Grover submitted that the amendment directly affects the constitutional balance previously recognised by the Supreme Court between the citizen's right to know and the individual's right to privacy.
"The right of citizens to be informed about important public issues is a fundamental right under Article 19(1)(a)," she argued, relying on earlier Supreme Court precedents governing RTI and privacy.
The petitioners further contended that the amendment extends beyond protecting genuinely private information and could potentially allow authorities to deny access to information concerning public officials, public functions and matters involving public interest merely by classifying such information as "personal."
Addressing another aspect of the challenge, Senior Advocate Nisha Bhambani argued that the DPDP Act could significantly impede investigative journalism.
She submitted that the legislation does not carve out any specific exemption for journalists and that investigative reporting involving personal data could become contingent upon obtaining consent from the concerned individual.
Ambani further argued that journalists could even face requests for erasure of data from individuals whose information forms part of investigative reports, thereby adversely affecting press freedom and investigative journalism.
Chief Justice Surya Kant observed during the hearing that a balance has to be maintained between the right to privacy and the public's right to information.
The petitioners, however, maintained that the DPDP framework tilts that balance disproportionately in favour of privacy, affecting transparency in governance.
Advocate Prashant Bhushan also challenged the amendment, arguing that the issue had already been settled by the Supreme Court in Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal, where the Court harmonised the competing claims of privacy and transparency.
Bhushan submitted that while the original Section 8(1)(j) exempted only personal information unrelated to public activity or public interest, the amended provision effectively shields all personal information, enabling authorities to deny access even to information relating to pending charge sheets against public officials or records connected with welfare schemes.
Justice Joymalya Bagchi observed that while the RTI Act and the DPDP Act operate in different spheres, they also overlap in certain respects, requiring the Court to examine whether both legislations coexist harmoniously.
He further remarked that the Court would consider whether there exists an intelligible differentia for treating digital personal data differently and whether the DPDP Act indirectly overrides the RTI Act by creating a wider embargo on disclosure.
Responding to the Bench's observations, Bhushan argued that the amendment is not confined to digital personal data but fundamentally alters the RTI framework itself.
Justice Bagchi also noted that the Court would examine whether the State's more cautionary approach towards disclosure satisfies the constitutional test of reasonable classification and whether a blanket restriction on disclosure of digital personal information can be justified.
Solicitor General Tushar Mehta, appearing for the Union of India, sought two weeks' time to file the Centre's response and assured the Bench that the government would justify the legislative amendments.
Accepting the request, the Supreme Court directed the Union to file its reply and ordered that the matter be listed before an appropriate non-miscellaneous Bench for further hearing.
Case Title: Venkatesh Nayak, National Campaign for Peoples Right to Information, Anjali Bhardwaj, Foundation for Media Professionals v. Union of India
Bench: CJI Surya Kant, Justices Joymalya Bagchi and V. Mohana ; Hearing Date: August 7, 2026