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LATEST NEWS UPDATES | Will the Right to Information Act Become the Right to Denial of Information Act? -Shailesh Gandhi

Will the Right to Information Act Become the Right to Denial of Information Act? -Shailesh Gandhi

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published Published on Dec 9, 2020   modified Modified on Dec 11, 2020

-Newsclick.in

One of the best transparency laws promulgated by Parliament is now threatened by judicial decisions and interpretations which are not in consonance with the law and would weaken it. If more importance is given to exemptions and widening the Act’s scope, it would be a sad regression for democracy, writes former Central Information Commissioner SHAILESH GANDHI.

The Supreme Court of India has consistently held from 1975 to 2005 that the Right to Information (RTI) is a fundamental right of citizens. In 2005, Parliament enacted one of the best transparency laws in the world. However, certain decisions and pronouncements of the courts in the last decade could weaken this powerful fundamental right. These should be discussed by RTI users and legal fraternity.

Challenging Information Commission Decisions

The law provides for no appeals against the decisions of the Commission. However, these decisions are being challenged in High Courts through writ petitions by many public authorities to deny information to citizens. In most of these cases, a stay is obtained ex-parte.

At times, Commissions have been stopped from even investigating matters before them. These cases die down as most of the applicants are unable to pursue them effectively in courts for lack of resources.

There is a need for the Court to examine prima facie whether the grounds fall in the writ jurisdiction of a court or any irreparable harm would befall the public authority if a stay is not given.

The Supreme Court has stated many times that an essential requirement for any judicial, quasi-judicial or administrative order is that reasons must be provided.

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Newsclick.in, 9 December, 2020, https://www.newsclick.in/Will-Right-Information-Act-Become-Right-to-Denial-Information-Act?fbclid=IwAR173xD2vDO8KD3pTO4xSQ7yiw2wY4ifkqFT9QmB6uD_UfZ2ngLUa-id-0Q


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