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RTI and Other Laws

This article explores the various aspects of the RTI Act, including its procedural aspects, powers conferred on the Commissions, and the impact of other laws. It also discusses the need for recourse to other laws for effectively discharging duties under the Act.

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RTI and Other Laws

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  1. RTI and Other Laws Prof. L.C. Singhi, IAS

  2. RTI Act is a special law with general considerations. • It is basically a substantive law and covers only a few procedural aspects. • It is not a Code.

  3. It confers powers of a Civil Court on the Commissions. • But, does not explicitly declare: ─ Commission as a Court for the purpose of Section 195 Cr.P.C. ─ Proceedings before the Commissions to be “judicial proceedings”.

  4. Powers of Civil Court not conferred while exercising Appellate jurisdiction. • Declares that the decisions of the Commissions shall be binding. • Confers extensive powers to give directions to public authorities.

  5. Power to impose penalty • Power to recommend disciplinary proceedings. • Power to recommend changes in the practice and procedure to be followed by public authorities.

  6. Power to prescribe procedure for deciding appeals under Section 19 conferred on appropriate Government. • No power explicitly given to the Government to frame Rules for prescribing procedure for proceedings under Section 18, 20 and 25.

  7. Recourse to Other Laws is a must for RTI-functionaries for effectively discharging their duties assigned under the Act. • Recourse to Other Laws in the context of information relating to private bodies.

  8. Impact of Other Laws dealing with RTI in view of its non-obstante clause under Section 22: • There is no automatic repeal of existing laws. • Non-obstante clause is there in many statutes.

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