Information that cannot be denied to Parliament cannot be denied to citizens

Does this provision in Section 8 wherein, despite exemptions you have the right to information if it is of larger public interest being correctly interpreted by Courts? A study thinks otherwise

Notwithstanding Section 8 of the Right to Information (RTI) Act under which you are denied the right to certain information, there is a provision which states that, every citizen has the right to get that information which our elected representatives, have access to. It reads thus, “Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.”

 

However, it has been observed in an expert study, conducted by the Commonwealth Human Rights Initiative (CHRI) that the judiciary has been inconsistent in application of this provision and therefore “does not provide clarity of interpretation of this crucial provision of the RTI Act.’’

 

Sometimes, the judiciary applies it to the entire Section 8 (1) which should be the case according to the CHRI’s analysis but many a time in its judgment, the judiciary restricts this provision only to Section 8 (1)(j) which relates to protection of personal information. Such varied interpretation which is diluting the power of this provision says the study, would have adverse repercussions for citizens, if this trend continues in the court of law.

 Click Here for the full story by Vinita Deshmukh at MoneyLife

 

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One Comment on “Information that cannot be denied to Parliament cannot be denied to citizens”

  1. Suhail Shahbazker says:

    I am honestly looking at your advices allmost everyday and repeat them and they have given me a lot of support. section 8 (1) (j) Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual,

    Now the Custom Officers have to disclose their property in their name and their family name and they cannot rent out their or their relatives property on Pagri or Leave and License, which amounts to Corrupt practice and is illegal

    One more clause is that the RTI officer asked the permission from the concern employee to give or not to give the information. And obviously no employee will allow to disclose the information of their mischievousness acts.

    If they put these condition then how public or Government will know that which Officer has disclosed or not disclosed their property or their rented property and once it is disclosed then only the Government will take action. against the Officer.

    Please advise


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