Supreme Court says politicians must reveal degrees, but Delhi HC shields PM Modi’s records. Prashant Bhushan slams this contradiction as blind justice and judicial double standards.
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NEW DELHI: The Delhi High Court on 25 August gave an important ruling saying that there is no automatic public interest in making the educational records of Prime Minister Narendra Modi and former Union Minister Smriti Irani public.
On one hand, the Supreme Court mandates that every candidate contesting an election must disclose their educational qualifications. On the other hand, the Delhi High Court recently ruled that Prime Minister Narendra Modi’s degree cannot be made public, calling it “personal information.” This has led to widespread criticism, with many questioning whether the justice system is protecting power rather than serving public interest.
Advocate Prashant Bhushan noted it up in a viral post on X,
“On one side, the Supreme Court orders that every election candidate must declare their educational degrees. On the other, the High Court says the Prime Minister’s degree cannot be shown. What kind of blind justice is this?”
Delhi High Court on PM Modi & Smriti Irani’s Degrees
The Delhi High Court ruled in University of Delhi v. Neeraj & Anr. that Prime Minister Narendra Modi’s and former Union Minister Smriti Irani’s academic records cannot be disclosed under RTI.
Justice Sachin Datta held that marksheets, results, and degree certificates are personal information, protected by the Right to Privacy, even if the individual holds public office. The Court said disclosure is justified only when a qualification is a prerequisite for holding a particular office.
The Court overturned earlier CIC orders that had directed Delhi University and CBSE to provide details of Modi’s and Irani’s educational records. It clarified that universities and boards maintain records in a fiduciary capacity and owe a duty of confidentiality.
The Court also rejected the argument that records older than 20 years must be disclosed, holding that privacy protections do not lapse with time.
Ultimately, the judgment reinforced that while the RTI Act promotes transparency, it cannot override personal privacy unless there is a compelling and legitimate public interest.
ALSO READ: Delhi High Court Defers Verdict on DU’s RTI Case Over PM Modi’s Degree Records
Background of PM Modi’s Degree Controversy
The educational qualifications of Prime Minister Narendra Modi have been a subject of political debate for several years. The controversy began when RTI applications were filed before Delhi University and Gujarat University seeking details of Modi’s undergraduate and postgraduate degrees.
The Central Information Commission (CIC) had earlier directed universities to provide this information, but the issue became highly politicised, with questions raised by opposition parties and activists about the authenticity of the degrees.
The Gujarat High Court in 2016 had already dismissed a similar RTI request, holding that academic records are personal information. Despite these rulings, the controversy resurfaced, leading to fresh CIC orders and ultimately to the present case before the Delhi High Court.
Background of Smriti Irani’s Educational Qualification Dispute
Former Union Minister Smriti Irani has also faced public scrutiny over her academic qualifications. Questions were raised after she submitted different details about her educational background in election affidavits filed before the Election Commission in different years.
In one affidavit she claimed to have completed a degree from Delhi University, while in another she only mentioned completing part of the course.
This inconsistency gave rise to political debates and RTI applications filed before CBSE, seeking to verify whether she had cleared her 10th and 12th standard examinations in 1991 and 1993.
The CIC then ordered CBSE to disclose the information, which eventually became part of the petitions heard by the Delhi High Court.
Frequently Asked Questions (FAQs) on Delhi HC Verdict on PM Modi & Smriti Irani’s Degrees
1. Can you get a politician’s degree under RTI?
No. The Delhi High Court has clarified that academic records like marksheets, degree certificates, and results are personal information protected under Section 8(1)(j) of the RTI Act. They cannot be disclosed unless there is a compelling public interest that outweighs privacy.
2. Does the RTI Act allow disclosure of records that are more than 20 years old?
Section 8(3) of the RTI Act allows some old records to be disclosed, but the Court held that this does not automatically apply to personal information like educational qualifications. Justice Datta observed: “The mere efflux of time does not justify overriding privacy in the absence of compelling necessity linked to a legitimate aim.”
3. Why did Delhi University refuse to disclose PM Modi’s degree?
DU argued that it maintains students’ academic records in a fiduciary relationship (a position of trust) and cannot release them to third parties. The Court agreed, noting: “The framework does not permit the disclosure of marks/grades to any third party. There is an implicit duty of trust and confidentiality in handling students’ academic records.”
4. What did the Court say about Smriti Irani’s 10th and 12th records?
The Court set aside the CIC order that had directed CBSE to disclose whether Smriti Irani passed her 10th and 12th exams. It ruled that this too was personal information and exempt from disclosure under Section 8(1)(j).
5. Can educational qualifications be disclosed if they are a requirement for the post?
Yes. The Court clarified: “…it would be a different matter where a particular educational qualification is a criteria or prerequisite for holding a public office or any post.” For example, if a job requires a law degree, then verifying that qualification may be in public interest.
6. How does the Right to Privacy affect RTI?
The Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017) recognised privacy as a fundamental right. The Delhi HC applied this principle, holding that personal information does not lose protection just because time has passed.
7. Does curiosity count as public interest under RTI?
No. The Court said RTI cannot be used for “idle curiosity or sensationalism.” Solicitor General Tushar Mehta, appearing for DU, also argued that “mere curiosity” is not a valid ground for disclosure.
Case Title:
University of Delhi v Neeraj & Anr
W.P.(C) 600/2017 and CM APPLs. 6048/2018, 7942/2018, 18395/2018, 34218/2023
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