Absolute transparency in all facets of government is "neither feasible nor desirable", the Supreme Court said on Wednesday while holding that the office of the Chief Justice Of India (CJI) falls under the ambit of the Right to Infirmation Act.
Referring to right to privacy, a five-judge Constitution bench headed by Chief Justice Ranjan Gogoi said, "If one's right to know is absolute, then the same may invade another's right to privacy and breach confidentiality."
Batting for balancing of right to know with that of privacy rights, it said most jurists would accept that "absolute transparency in all facets of government is neither feasible nor desirable, for there are several limitations on complete disclosure of governmental information, especially in matters relating to national security, diplomatic relations, internal security or sensitive diplomatic correspondence."
Referring to judicial precedents, Justice Khanna said, "In our opinion ...personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information."
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