Bar councils come under RTI net

CIC rejects the plea that bar councils are not 'public authority'

danish

Danish Raza | January 27, 2010


Information Commissioner A N Tiwari
Information Commissioner A N Tiwari

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.

Comments

 

Other News

Modi’s forward-looking I-Day speech lays down 5-year agenda

Contrast prime minister Narendra Modi’s first Independence Day speech in 2014 with his latest, the first in the second term, and you know the difference. His first speech was less about future and much about the basic needs like Swachch Bharat (clean India). His speech on Thursday, on the other hand,

Better cities require active citizen engagement

With Mumbai city battling myriad civic issues and annual flooding year after year, stakeholders and experts came together to discuss ways of dealing with these issues as community work. The discussion was held at the TEDxVersova Salon- Vibrant Civic Participation, an independent TED event organized by the

Independence Day: PM underlines new beginnings

Addressing the nation from the ramparts of the Red Fort for the first in his second term, prime minister Narendra Modi highlighted the new beginnings his government has made in recent days, and underlined the hopes of a new India in the making. “Things that could not happen in the past

Kashmir decision “sole prerogative of the country”

India has told China that the legislation changing the status of Jammu and Kashmir was “an internal matter. External affairs minister S Jaishankar, visiting China Monday, told foreign minister Wang Yi that the legislative measures were aimed at promoting better governance and socio-ec

To fight climate change, pay attention also to land

When considering climate change, one of the greatest threats before the humanity, discussions usually focus on air and water, but land too is affected by and in turn affects global warming as much as those two elements. A new report from the Intergovernmental Panel on Climate Change (IPCC), out early Augus

Mumbai witnesses jump in bus ridership after fare cut

To revive bus ridership, the BMC-run Brihanmumbai Electric Supply and Transport (BEST) reduced its bus fares in Mumbai to minimum Rs 5 for non-AC buses as against Rs 8 earlier for the first five kilometres and capped maximum fare at Rs 20. For its AC buses the minimum fare has been brought down from Rs 20



Current Issue

Current Issue

Video

CM Nitish’s convoy attacked in Buxar

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter