Cabinet communication to president under RTI

Communication between Shankar Dayal Sharma and Narasimha Rao over an ordinance, to go public

danish

Danish Raza | February 22, 2010



According to the Central Information Commission (CIC), an advice given by the union cabinet to the president can be disclosed under the Right to Information (RTI) Act.
Passing an order on Monday, CIC chief Wajahat Habilullah said according to Article 74(2) of the Constitution, such information cannot be inquired into by any court.
"It does not mean that the nature of this advice cannot be disclosed," he said.
Franklin Ceaser, a resident of Delhi, had filed an RTI application in the president’s secretariat in February 2008 seeking information on the action taken by the then President Shankar Dayal Sharma, for granting scheduled castes status to convert Christian members of the enumerated castes.
The president's secretariat denied the information saying that the issue involved privileged correspondence between the then president and the prime minister, and that it called for exemption under the RTI Act.
Article 74 of the Constitution says that the question, whether any, and if so what, advice was tendered by ministers to the president shall not be inquired by any court.
“The object of Article 74(2) was not to exclude any material or documents from the scrutiny of the Courts but to provide that an order issued by or in the name of the president could not be questioned on the ground that it was either contrary to the advice tendered by the ministers or was issued without obtaining any advice from the ministers,” Wajahat said.

 

Comments

 

Other News

When Nandini Satpathy told Biju Patnaik: ‘I’ll sit on the chair you are sitting on’

Nandini Satpathy: The Iron Lady of Orissa By Pallavi Rebbapragada Simon and Schuster India, 321 pages, Rs 765

Elections 2024: 1,351 candidates in fray for Phase 3

As many as 1,351 candidates from 12 states /UTs are contesting elections in Phase 3 of Lok Sabha Elections 2024. The number includes eight contesting candidates for the adjourned poll in 29-Betul (ST) PC of Madhya Pradesh. Additionally, one candidate from Surat PC in Gujarat has been elected unopp

2023-24 net direct tax collections exceed budget estimates by 7.40%

The provisional figures of direct tax collections for the financial year 2023-24 show that net collections are at Rs. 19.58 lakh crore, 17.70% more than Rs. 16.64 lakh crore in 2022-23. The Budget Estimates (BE) for Direct Tax revenue in the Union Budget for FY 2023-24 were fixed at Rs. 18.

‘World’s biggest festival of democracy’ begins

The much-awaited General Elections of 2024, billed as the world’s biggest festival of democracy, began on Friday with Phase 1 of polling in 102 Parliamentary Constituencies (the highest among all seven phases) in 21 States/ UTs and 92 Assembly Constituencies in the State Assembly Elections in Arunach

A sustainability warrior’s heartfelt stories of life’s fleeting moments

Fit In, Stand Out, Walk: Stories from a Pushed Away Hill By Shailini Sheth Amin Notion Press, Rs 399

What EU’s AI Act means for the world

The recent European Union (EU) policy on artificial intelligence (AI) will be a game-changer and likely to become the de-facto standard not only for the conduct of businesses but also for the way consumers think about AI tools. Governments across the globe have been grappling with the rapid rise of AI tool

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter