Right to Information – Master key to good governance

Lack of Transprancy in Judiciary

Posted by rtiact2005 on August 11, 2006

Lack of Transprancy in Judiciary

Submitted by jayavel seetharaman

On March 13 , 2006, The Advocates Bar Association of Karur in Tamil Nadu passed a resolution in its general body meeting urging the Chief Justice of Chennai High Court to hold enquiry into alleged cartel between 3 judges of karur Town and some Advocates of Karur town whose name were specified. The Advocates Bar Asscociation resolved to abstain from work till such time suitable action is taken against the erring persons.

On 20 March 2006, the Registrar (Vigilance) Madras High Court, held an enquiry at Karur many members of the public of the Karur town let in evidence and statement upon what they alleged to be corrupt practices. Even at the time of enquiry on 20,March 2006, it was found there were some complaints which were pending against two of the said judges for more than 6 months in the High Court.

When we tried to invoke the RTI Act, we found, to our shock and surprise, the High Court of Judicature is learnt to have interpreted the RTI Act so as to exclude itself from the purview of the Act,( in view various state enactments in this subject earlier, some of the lawyers view that this Act could fall within the state List as for the matter relating to subjects found in the state List of our constituion, But the real legal position is that this matter falls under residuarty entry of the central List, Hence the State Govt, are not competent to deal with it, Further the right to information is held to be fundamental rights under Article 19(a) of the Constituion)

I think this controversy would snowball into a great legal battle to put an obstacle in the way implementation of the Act. None of the High Court in India has implemented this Act particulary nor has any them been functioning with transprancy, This Act was passed in the Year 2005, the Annual report on the implementation of the provisions of this Act has to be prepared by each public authority, unfortunately the State of Tamil Nadu appointed the Information Commissioners to Information Commission only in 2006, but still the Madras High Court has not submitted its annul report for the year 2005.


One Response to “Lack of Transprancy in Judiciary”

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