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LATEST NEWS UPDATES | RTI amendment: Centre has no authority to make law on states -M Sridhar Acharyulu

RTI amendment: Centre has no authority to make law on states -M Sridhar Acharyulu

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published Published on Aug 5, 2019   modified Modified on Aug 5, 2019
-Down to Earth

The amendment to the RTI Act does not deserve the assent of the President, writes former Central Information Commissioner M Sridhar Acharyulu in the second of this two-part series

The Union Minister of State for Personnel, Public Grievances and Pensions told the House that Parliament's competence to enact a law to give effect to the citizens' right to obtain information is located in Entry 97 of the Union List in the Seventh Schedule of the Constitution read with Article 246.

It is not correct because the RTI will not fall under residuary power or entry 97.

Entry 97 reads as follows: “Any other matter not enumerated in List II or List III, including any tax not mentioned in either of those Lists.”

Eight state governments have made laws on RTI, prior to 2005 which are being implemented, despite the RTI Act 2005. These state enactments are valid because of Entry 12 of the Concurrent List which reads:

“12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings.”

Because RTI enables citizens to access ‘public records’ that are in the custody of public authorities. The eight state laws are saved under this clause or entry of List III.

The statement of objectives of RTI Bill 2004 stated:

“The proposed legislation will provide an effective framework for effectuating the right of information recognised under Article 19 of the Constitution of India.”

It is against this background that this RTI Amendment Bill can be seen as one which will dilute the Act and impinge upon information commissioners’ stature, powers and autonomy.

Please click here to read more.

Down to Earth, 5 August, 2019, https://www.downtoearth.org.in/news/governance/rti-amendment-centre-has-no-authority-to-make-law-on-states-65997?fbclid=IwAR3-REgC5cb19CKjHoa6Tr66y5N7UJSRKnvTDd0NQmrCvw0


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