Tuesday, February 22, 2011

Re: [RTI INDIA] Re: Centre must add purpose clause to RTI Act

A RTI request, or RTI appeal, or HC WP, or SC WP etc, are all
petitions/applications for ENFORCEMENT of a Fundamental Right.

Assuming, without admitting,  that RTI is a FR, then a citizens could
simply demand the information for free from the PA. Its only when the
PA declines to give it or evades giving it (OSA or otherwise) that this
right required to be enforced. At this stage the bonafides and other
particulars of the applicant come into play. The preamble in any case
indicates RTI disclosure is in conflict with other requirements for governance.
Any superior court would strike down 6(2) on a proper petition.I have
already disclosed too much on this thread :-)


On Tue, Feb 22, 2011 at 8:31 PM, NIRAJ <nirajklko@yahoo.com> wrote:
Dear Sir,
As far as I understand the Right to Information is a fundamental right in our Constitution. Perhaps my understanding might be limited.
Will you be kind enough to know the exact provisions wherein we have to give reasons.

LUCKNOW - 226018
Mob.: +91+9415787095

--- On Mon, 21/2/11, Sunil Ahya <sunilahya@gmail.com> wrote:

From: Sunil Ahya <sunilahya@gmail.com>
Subject: [RTI INDIA] Re: Centre must add purpose clause to RTI Act
To: rti_india@googlegroups.com
Date: Monday, 21 February, 2011, 9:33 PM

Dear Sarbajit,

As mentioned in your post (quoted below) about there being specific existing provisions in the Constitution which overrides section 6(2) of the RTI Act, can you please specify those relevant provisions (Articles) of the Constitution, to substantiate your claim?

Quote from your post:

In any case there are specific Constitutional provisions requiring reasons for seeking info to be mandated and which over-ride 6(2) of the RTI Act. FYI,, 6(2) is actually unconstitutional and it is better that the Act be amended otherwise it would be struck down by some court.


Best Regards,


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