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LATEST NEWS UPDATES | Central RTI Law to Now Apply to J&K and Ladakh -Gaurav Vivek Bhatnagar

Central RTI Law to Now Apply to J&K and Ladakh -Gaurav Vivek Bhatnagar

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published Published on Aug 8, 2019   modified Modified on Aug 8, 2019
-TheWire.in

Jammu and Kashmir has till now been covered by the J&K RTI Act – a more powerful law than the central one in some respects.

New Delhi:
Following the revoking of Article 370 and ending of Jammu and Kashmir’s statehood, the central Right to Information Act, 2005 would now apply to the two new union territories of J&K and Ladakh that will be carved out. Jammu and Kashmir has till now been covered under the J&K RTI Act – which allowed only the residents of the state to file petitions pertaining to state public authorities.

Though this would open up the erstwhile state to non-residents for the purpose of filing an RTI application pertaining to the administration of the two new UTs, it would provide a somewhat reduced access to information. In some respects, the state law was more powerful than the central one.

While the RTI Act, 2005 governs the entire country, it earlier did not apply to Jammu and Kashmir. The state enacted its own J&K RTI Act in 2004 when the PDP-Congress coalition government was in power. However, this Act was later repealed and replaced with the J&K RTI Act, 2009. This was done in view of the fact that the central RTI Act, 2005 was much more powerful and so the civil society and media raised demands to have the state Act too in line with it.

Differences between J&K RTI Act, 2009 and central RTI Act, 2005

Though J&K RTI, Act 2009 drew primarily from the central law, it was different on three counts – all of which made it a more powerful law.

It did not have the exemption clause under Section 8 (1)(s) which pertains to information received from a foreign government in confidence. As such, while the Central Act had ten exemptions, the state law had just nine.

Please click here to read more.

TheWire.in, 6 August, 2019, https://thewire.in/law/central-rti-law-to-now-apply-to-jk-and-ladakh


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