Striking An Equilibrium: Balancing Right To Information Act, 2005 Vis-À-Vis Confidentiality In Arbitration

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Charu Singh, IILM University, Greater Noida

Krithika Sridhar, IILM University, Greater Noida

ABSTRACT

The Right to Information (RTI) Act, 2005, forms the bedrock of democratic accountability, compelling transparency in public administration. Conversely, Arbitration, the cornerstone of commercial dispute resolution, is fundamentally predicated on the principle of confidentiality. This paper addresses the critical policy and legal challenge of striking an equilibrium between these two powerful mandates when public authorities participate in arbitration proceedings. The study critically examines whether sensitive information—including arbitral awards, negotiation records, and legal costs—must be disclosed under the RTI Act. The methodology involves a rigorous juxtaposition of the RTI Act’s exemption regime (Sections 8 and 9) against the explicit confidentiality mandate of the Arbitration and Conciliation Act, 1996 (Section 42-A). We analyse the inconsistent balancing demonstrated in pivotal Supreme Court and Central Information Commission (CIC) rulings, supplemented by a comparative review of transparency models in the UK, Singapore, and the European Union. The findings reveal that India’s current statutory framework lacks the clarity required for consistent application, and an unqualified disclosure mandate risks eroding the trust essential for the efficacy of state-involved arbitration. The paper concludes by advocating for calibrated legislative reform to achieve this equilibrium. It recommends specific amendments to the RTI Act and the adoption of robust institutional protocols, such as mandatory redaction standards and a narrowly defined public-interest test, to protect commercial confidentiality while fully upholding the constitutional value of public accountability.

Keywords: Right to Information, Arbitration, Confidentiality, Public Accountability, Legislative Reform, Equilibrium.

593. STRIKING AN EQUILIBRIUM- BALANCING RIGHT TO INFORMATION ACT, 2005 VIS-À-VIS CONFIDENT

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