The Delhi High Court is set to deliberate on whether the Comptroller and Auditor General of India (CAG) reports can be released to the public before being presented in the Legislative Assembly. This query forms the crux of a public interest litigation (PIL) that argues for the early release of these reports on respective official portals, with the aim of informing Delhi’s electorate about the state’s financial health ahead of casting their votes.
The petition, driven by the notion of enhancing transparency and voter information, has found a parallel advocate in the Bharatiya Janata Party (BJP), which has called for a special session of the Delhi Assembly to discuss the CAG reports before the upcoming elections. The bench, comprising Justice Yashwant Varma and Justice Harish Vaidyanathan Shankar, pointed out that the petitioner’s concerns are rooted in the fundamental rights to information and to know, as guaranteed by the Constitution.
The CAG, however, maintains that the reports should remain confidential until officially tabled in the Assembly, a stance challenged in court. During the hearing, the court observed that the procedural manual may regulate the discussion of these reports within the Assembly but does not necessarily override the public’s overarching right to information.
The court has scheduled the next hearing for January 24, 2025, allowing time for detailed arguments from the CAG’s counsel. Senior Advocate Geeta Luthra, representing the petitioner, a retired civil servant named Brij Mohan, argued that withholding CAG reports from the public infringes upon the citizens’ fundamental right to information under Article 19(1)(a) of the Constitution.
Luthra cited a precedent set by the Supreme Court in the Association of Democratic Reforms case regarding electoral bonds, emphasizing that voters’ right to information is essential for making informed choices in elections. This perspective aligns with the Supreme Court’s affirmation that disclosure of pertinent information is crucial for the electoral process.
