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Right to Information Act 2005

Posted on : 24 Jan 2020

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  • In a landmark verdict, the Supreme Court in November 2019 held that the office of the Chief Justice of India is a public authority and falls within the ambit of the Right to Information Act.
  • According to Section 2(h) of Right To Information (RTI) Act, 2005 “public authority” means any authority or body or institution of self-government established or constituted—
    • by or under the Constitution;
    • by any other law made by Parliament;
    • by any other law made by the state legislature;
    • by notification issued or order made by the appropriate Government,
  • And includes any—
    • body owned, controlled or substantially financed;
    • non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government
  • As per the bench, the office of the CJI is part and parcel of the institution i.e. the Supreme Court which itself is a public authority, so is the office of the CJI.
  • However, the disclosure of personal information of judges is discretionary under Section 8(1)(j) of the RTI Act and his statute has given the discretion to the Public Information Officer (PIO).

Article Related Questions

  1. Consider the following statements regarding the Right to Information Act (RTI) 2005
    1.A Non-Government organization financed indirectly by the funds of Government is a public authority under the act.
    2.While the institution of the Supreme Court falls under the ambit of the act, the office of Chief Justice of India (CJI) has been exempted.
    Which of the above statements is/are correct?

  2. 1.1 only

    2.2 only

    3.Both 1 and 2

    4.Neither 1 nor 2

    Right Ans : 1 only

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