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RTI RULES OF HIGH COURTS & SUPREME COURT OF INDIA

RTI RULES OF HIGH COURTS & SUPREME COURT OF INDIA. Act applicable to all 21 High Courts barring the High Court of Jammu & Kashmir. 4 High Courts have not yet framed rules to implement the RTI Act. Analysis of the rules framed by the High Courts structured under 3 broad categories:

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RTI RULES OF HIGH COURTS & SUPREME COURT OF INDIA

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  1. RTI RULES OF HIGH COURTS & SUPREME COURT OF INDIA

  2. Act applicable to all 21 High Courts barring the High Court of Jammu & Kashmir. • 4 High Courts have not yet framed rules to implement the RTI Act.

  3. Analysis of the rules framed by the High Courts structured under 3 broad categories: 1. Violation of law 2. Going beyond the purview of the law 3. Miscellaneous

  4. 1. Violation of law: • Denial of information - High Courts of Karnataka, Chhattisgarh, Delhi, Gujarat, Punjab & Haryana have provisions that seek to exempt info. from the public over & above the exemptions specified in the law. • Penalty – High Court rules for Delhi, Kolkatta, Gujarat specify a much lower quantum of penalty & one that is impossible by the first appellate authority.

  5. 2. Going beyond the purview of the law: • High Courts of Patna, Punjab & Haryana, Gujarat, Delhi, Himachal Pradesh have framed rules that any application for info that is either outside the jurisdiction of the PIO or the contents of which can be obtained under High Court rules or other General rules operational in a High Court shall be rejected.

  6. 3. Miscellaneous • Quantum of fees - - Exorbitant fees imposed by many High Courts. • Some prescribed appeal fees. • RTI Act does not have any provisions of ‘prior payment’ & therefore it goes beyond the purview of the RTI Act. • Mode of Payment – Different modes of payment for different places causes a problem. Eg: In whose favour should the cheque/ DD/ IPO be made?

  7. CONCLUSION: “ When the custodian of power is influenced in its exercise by considerations outside those for promotion of which the power is vested the court calls it a colorable exercise and it is undeceived by illusion.”

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