Right2Information

Right to Information – Master key to good governance

Cabinet is not a competent authority to amend RTI Act: only the Parliament has requisite power.

Posted by rtiact2005 on July 28, 2006

  1. Dhirendra Krishna Says:
    July 27th, 2006 at 7:59 am eMy dear Arvind,

    DOPT has made a error in their web site by stating defination of information, that is contrary to Section 2(f) of the Right To Information Act 2005. They are not authorised to state anything contrary to law on the web site.

    This can be challanged in Supreme Court, as DOPT does not have any authority to misinterpret the provisions of RTI Act. There are excellent chances of getting favourable judgement on such PIL.

    Cabinet is not a competent authority to ameend RTI Act: only the Parliament has requisite power.

2 Responses to “Cabinet is not a competent authority to amend RTI Act: only the Parliament has requisite power.”

  1. ramesh wasudeo said

    cabinet is empowered to seek promulgation of an ordinance when parliament is not in session and the Prez is bound to promulgate tha ordinance on advise of the cabinet.

    an ordinance can amend ( temporarilly ) an act till it is brought before next session of parliament. maximum life of ordinance is six months.

    the govt may take shelter under the provisions of sec 30 ( wrongly though )om the plea that theproposed amendment is not contrary to the provisions of the act and there is defficulty in implimentation of the act in its present form.

    in present case,itis not known if the govt has promulgated and amendment ordinance.

    ideally the govt should include specific objectionable file notings under exclusion clause in sec 8 of the act rather than remove the item completely from sec 2 definition wth vague residual provisions.

    file notings are part of a file as defined by CIC in a landmark judgement. it is surprizing as to how a file can be examined and notes/copies taken fromfile without having a glance at file notings taht are integral to files.

    PMO is unclear on situation and DOPT is also clueless. they should take opinion of min of law and jdiciary who alone can issue constitutional position.

    rw.

  2. Dhirendra Krishna said

    No ordnance has been promulgated.

    Section 30 empowers the Government to “remove difficulties” by issue of gazette notification. No such gazette notification has been issued according to the cabinet decision.

    Therefore the RTI Act stays as it is.

    Only visible “error” seems to be in the web site, where defination of information has not been stated according to the law as it stands today. This can be challanged in the Court, so that the Government comes to the parliament with proposed ammendment, redefining the tem “information” in the Act. At the meantime the “Activist” can continue to make lot of noise, so that law is not ammended.

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