CIC rejects the plea that bar councils are not 'public authority'
Danish Raza | January 27, 2010
In a recent decision, the CIC has ruled that the Bar Council of India and the state bar councils are covered under the RTI Act. An order to this effect was passed on January 11 by one of the centrals information commissioners, A N Tiwari.
The bar councils argued that they were not public authorities under the meaning of Section 2(h) of the RTI Act since they were established by the Advocates Act, 1961 and were not directly or indirectly funded either by the central government or the state governments.
“The main source of the finance of bar councils was the enrolment fees collected from the applicants and other such fees", argued the councils. They cited a decision of the Maharashtra State Information Commission in which it was held that just as the co-operative society the bar council too was not a public authority.
Rejecting the arguments, the information commissioner ruled that the Advocates Act of 1961 which brought the councils into being was an Act of the parliament and hence they came within the definition of ‘public authority’ under sub-section (b) of Section 2(h) of the RTI Act.
Under the above mentioned sub-section, public authority means any authority or body of self-government established by a law made by the parliament.
“Their plea is that they did not satisfy the requirement of being substantially funded directly or indirectly by the government about which Section 2(h) makes a mention. In a sense, their argument is that unless an entity satisfies all elements of qualifications mentioned in Section 2(h) of the RTI Act, it cannot be defined as a public authority,” said Tiwari.
“Even one of the elements of Section 2 (h) is sufficient for any entity to be characterized as public authority,” he added.
Neha Lakra, 20, doesn’t forget to practise hockey, at least for four hours, every day. Whether at home or at the Panposh sports hostel in Rourkela where she is training under the guidance of coaches, her routine doesn’t change. “I can’t sleep unless I have worked on the ground,&rdqu
Somewhere Among the Stars: Reflections of a Mystic By Adi Varuni Kali/BluOne Ink, 282 pages, Rs 395 Decades ago, when an unknown N
The 13th National Voters’ Day was celebrated across the country Wednesday with president Droupadi Murmu gracing the national event held here. Kiren Rijiju, union minister for law & justice, was the guest of honour. The chief election commissioner, Rajiv Kumar, election commissioners Anup Chandra
The Indian Navy commissioned its fifth stealth Scorpene class Submarine INS Vagir on Monday at the Naval Dockyard, Mumbai in the presence of Admiral R Hari Kumar, Chief of the Naval Staff. Vagir was launched on November 12, 2020, under Project 75 (P75) and post completion of sea trials it w
Ahead of the Mumbai civic polls, former Maharashtra chief minister Uddhav Thackeray on Monday announced an alliance with Prakash Ambedkar`s Vanchit Bahujan Aghadi (VBA). Addressing a joint press conference, Thackeray said their grandfathers, Keshav Thackeray and Dr. B.R. Ambedkar, were conte
Ela R. Bhatt, the founder of SEWA, once said, “There is ample proof to demonstrate that women can and do build strong and vital organizations around issues that relate to them, and find viable solutions out of their own experiences.” Women Leadership Schools (WLSs) promoted by Se