Kerala HC Issues Notice On Plea Challenging RTI Amendment Act 2019 [Read Petition]
5 years, 4 months ago

Kerala HC Issues Notice On Plea Challenging RTI Amendment Act 2019 [Read Petition]

Live Law  

The High Court of Kerala on Wednesday issued notice to the Centre on a plea challenging the vires of the Right to Information Act 2019. Lawyer and RTI Activist, D. B. Binu, has challenged the constitutionality of the amended Sections 13, 16 and 27 of the Act in as much as they prescribe that the term, salaries, allowances and conditions of service of the Central Information Commission and State Information Commission will now be determined by Central govt. The petitioner, represented by Advocate P Chandrasekhar, has thus prayed before the Court to declare that Right to Information Act, 2019 is unconstitutional, being ultra virus of Articles 14, 19 and 21 of the Constitution. The petitioner has based his plea on the following grounds: Giving unbridled power to the central govt to determine the service conditions of SIC and CIC, officers in control of two vital institutions under the Act, will make these officers subordinate to the executive, which will in turn affect the transparency and accountability of these institutions.

Constitution Court Information Service Right Act Rti Petition Sic Union Of India Cic  read  rti  sic  petition  supreme  notice  executive  conditions  information  plea  court  challenging  amendment  right  act  tenure  service  hc  kerala  issues

History of this topic

Registrar Of Co-Operative Societies Must Provide Information Under RTI Act Provided It Is Not Exempt From Disclosure: Kerala HC
1 month ago

Registrar Of Co-Operative Societies Must Provide Information Under RTI Act Provided It Is Not Exempt From Disclosure: Kerala HC

Live Law  

The Kerala High Court has said that if the Registrar of Co-operative Societies has access to the information requested by an applicant under the Right To Information Act, and if the information is not exempt from disclosure under Section 8 of the Act, the official is obligated to provide that requested information to the applicant. If the documents and information …

"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application
5 months, 2 weeks ago

"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application

Live Law  

The Kerala High Court stated that the Kerala Public Service Commission has the power to destroy records in accordance with the Office Manual prescribing record preservation procedures and Rules made under the Kerala Destruction of Records Act. If in such event it is brought to the notice of the State Information Commission that during the pendency of an application for …

Explained | Has the Right to Information been weakened over the years?
1 year, 4 months ago

Explained | Has the Right to Information been weakened over the years?

The Hindu  

For 13 years, the Right to Information Act, 2005, helped citizens obtain information and data from the Government and State institutions that are not readily available in public domain. Amending the RTI Act Apart from allowing certain information to be kept secret for national security and sovereignty reasons, the RTI Act makes one exemption: it prohibits personal data disclosure of …

Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders
1 year, 4 months ago

Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders

Live Law  

In a significant ruling, the Punjab & Haryana High Court recently held that authorities including the Appellate Authorities under the Right to Information Act have been passing “cryptic and non-speaking orders” in violation of the judgements of the Supreme Court, High Courts and mandate of the RTI Act.Justice Vikas Bahl thus directed authorities handling appeals under the Right. In a …

‘CBI Exempt from RTI Act’: Kerala High Court Upholds Single-Judge Bench’s Order
2 years, 2 months ago

‘CBI Exempt from RTI Act’: Kerala High Court Upholds Single-Judge Bench’s Order

News 18  

Upholding the order of a single-judge bench, a division bench of the Kerala High Court held that the Central Bureau Investigation is not liable to furnish information under the Right to Information Act as it is included in the second schedule of the Act, which exempts security organisations established by the Central Government. The Assistant Solicitor General argued that orders …

CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court
2 years, 2 months ago

CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court

Live Law  

The Kerala High Court recently observed that the Central Bureau of Investigation is not liable to furnish any information sought under the RTI Act, as it is included in the second schedule in contemplation of Section 24 of the RTI Act which exempts certain organisations from the Act.As per Section 24 of the RTI Act, the Act shall not apply …

Employee's Performance Is "Personal Information" Exempted U/S 8(1)(j) RTI Act: J&K&L High Court
2 years, 2 months ago

Employee's Performance Is "Personal Information" Exempted U/S 8(1)(j) RTI Act: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Saturday reiterated that the "performance of an employee or an officer in an organisation is primarily a matter between the employee and the employer and falls within the meaning of personal information." While the Public Information Officer of KVS on 1 March 2014 declined to provide the information on the ground …

S.18 RTI Act Does Not Empower State Commission To Direct PIO To Furnish Information Sought: Kerala High Court
2 years, 2 months ago

S.18 RTI Act Does Not Empower State Commission To Direct PIO To Furnish Information Sought: Kerala High Court

Live Law  

The Kerala High Court has held that when a complaint is filed before the State Information Commission under Section 18 of the Right to Information Act for illegal denial of information, it may impose a penalty on the errant Public Information Officer. The Kerala High Court, in a 2014 decision, held that when an application made for information as provided …

Whether Govt Aided Educational Institutions Run By Societies Are Subject To RTI Act? Karnataka HC Asks State Information Commission To Decide
2 years, 4 months ago

Whether Govt Aided Educational Institutions Run By Societies Are Subject To RTI Act? Karnataka HC Asks State Information Commission To Decide

Live Law  

The Karnataka High Court has directed the State Information Commission to decide whether societies and educational institutions run by the societies are subject to Right to Information Act, 2005. The Court was hearing a couple of writ petitions filed by Maland Technical Education Society, seeking to set aside the State Commission's order passed in 2014 which had brought the petitioner …

Kerala State Information Commission has backlog of over 5,000 petitions, reveals RTI query
2 years, 4 months ago

Kerala State Information Commission has backlog of over 5,000 petitions, reveals RTI query

The Hindu  

About 5,280 appeal petitions are pending before the State Information Commission, as per an official reply to information sought under the Right to Information Act for the period between January 1, 2010 and May 31, 2022. The appeals are filed in the Central and State Information Commissions, which act as transparency watchdogs under the Right to Information Act 2005, when …

RTI Act | Information Commission Can't Turn Blind Eye To Culpable Delay In Furnishing Info By PIO: Karnataka High Court Imposes Penalty
2 years, 5 months ago

RTI Act | Information Commission Can't Turn Blind Eye To Culpable Delay In Furnishing Info By PIO: Karnataka High Court Imposes Penalty

Live Law  

The Karnataka High Court recently observed that the Information Commission cannot let the undue delay caused by a Public Information Officer in furnishing information as sought for under the Right to Education Act, go unpunished.Leaving the culpable delay to go with impunity strikes at the root of law, a single judge bench of Justice Krishna S Dixit said.The court was …

How the Right to Information Act is being steadily scuttled
3 years, 2 months ago

How the Right to Information Act is being steadily scuttled

India Today  

On October 12, marking the 16th anniversary of the Right to Information Act, Satark Nagrik Sangathan, a citizens’ collective, put out a revealing report on how a pathbreaking governance reform is being stalled. The Sangthan’s study shows that even as the RTI Act obligates each Information Commission to prepare an annual report on the implementation of the law, which is …

Plea Before Kerala High Court Assails Part II Of IT Rules, 2021, Says It Exceeds The Bounds Of Delegated Legislation
3 years, 2 months ago

Plea Before Kerala High Court Assails Part II Of IT Rules, 2021, Says It Exceeds The Bounds Of Delegated Legislation

Live Law  

A petition has been filed in the Kerala High Court challenging certain provisions of the Information Technology Rules, 2021.When the plea came before Justice P.V Kunhikrishnan, the Centre submitted that it was taking steps to file a petition before the Supreme Court in this regard. A petition has been filed in the Kerala High Court challenging certain provisions of the …

Changes to RTI Act do not ‘hamper’ Information Commissioners: Govt
3 years, 10 months ago

Changes to RTI Act do not ‘hamper’ Information Commissioners: Govt

The Hindu  

The government has said the amendments introduced in the Right to Information Act are for “administrative” convenience and do not “hamper” the independent functioning of Information Commissioners. Mr. Ramesh had said the amendments jeopardise the independent functioning of the Central Information Commissions and the State Information Commissions. The Rules framed under the amendments concerning the conditions of service and tenure …

Supreme Court criticises govt for non-reply to Jairam Ramesh’s plea on changes in RTI Act
3 years, 10 months ago

Supreme Court criticises govt for non-reply to Jairam Ramesh’s plea on changes in RTI Act

The Hindu  

The Supreme Court on Monday criticised the Union government for having not filed a reply for over a year to a petition by parliamentarian Jairam Ramesh challenging the amendments made to the Right to Information Act. The court, in January 2020, asked the Centre to file its reply to Mr. Ramesh’s plea that the amendments gave the government unparalleled powers …

"What is Wrong With You? It's A Very Important Matter": Supreme Court To Centre For Not Filing Reply In Plea Against 2019 RTI Amendments
3 years, 10 months ago

"What is Wrong With You? It's A Very Important Matter": Supreme Court To Centre For Not Filing Reply In Plea Against 2019 RTI Amendments

Live Law  

The Supreme Court on Monday reprimanded the Union of India for failing to file its response to a plea challenging the 2019 RTI Amendment Act and the Rules framed thereunder.The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing ex-Union Minister and Congress MP Jairam Ramesh's writ petition challenging the amendments in the RTI Act. The petition …

Public Information Officers Who Mechanically Reject RTI Applications Should Be Shown The Doors, Says Madras HC [Read Order]
4 years, 4 months ago

Public Information Officers Who Mechanically Reject RTI Applications Should Be Shown The Doors, Says Madras HC [Read Order]

Live Law  

Public Information Officers who mechanically reject the RTI Applications should be shown the doors as they are unfit to hold the said post, said the Madras High Court recently.Justice S. Vaidyanathan observed thus while dismissing a writ petition filed by Tamil Nadu Public Service Commission which sought to quash an order passed by Tamil Nadu Information Commission directing it to …

Right To Information Act, 2005: All You Need To Know
4 years, 6 months ago

Right To Information Act, 2005: All You Need To Know

Live Law  

Right to Information Act 2005 is an act of the Parliament of India which sets all the rules and procedures regarding citizen's right to information from the government, inspect any government documents, seek certified photocopies thereof. As defined under section 2 of the Right to Information Act, 2005 A public authority means an organization which is established, constituted, owned, controlled, …

CCTV/Webcasting Footage Of Polling Booths Accessible Under RTI Act: Kerala State Information Commission [Read Order]
4 years, 10 months ago

CCTV/Webcasting Footage Of Polling Booths Accessible Under RTI Act: Kerala State Information Commission [Read Order]

Live Law  

The Kerala State Information Commission has directed the Chief Electoral Officer of Kerala to provide video footage of polling booths recorded during 2019 General Elections within 20 days free of cost to an applicant under the Right to Information Act.The order was filed in an appeal filed by RTI activist Advocate D B Binu against the refusal of Public Information …

SC Issues Notice On Jairam Ramesh's Plea Challenging RTI (Amendment) Act 2019 [Read Petition]
4 years, 11 months ago

SC Issues Notice On Jairam Ramesh's Plea Challenging RTI (Amendment) Act 2019 [Read Petition]

Live Law  

The Supreme Court bench headed by Justice D. Y. Chandrachud on Friday issued notice to the Centre on ex-Union Minister and Congress MP Jairam Ramesh's challenge to the amendments in the RTI Act.The Parliament had in July last year passed the Right to Information Bill 2019, to change the fixed term of the Information Commissioners, and make their pay and …

Clear pendency of cases, improve training quality: RTI activists appeal to government
5 years, 1 month ago

Clear pendency of cases, improve training quality: RTI activists appeal to government

The Hindu  

As the Uddhav Thackeray-led Maharashtra Vikas Aghadi government assumes charge, Right to Information activists have put forth a list of their demands to shore up the efficacy of the RTI Act. While former Chief Information Commissioner Shailesh Gandhi has written a letter to the Chief Minister regarding the massive pendency of RTI cases and the need to appoint more information …

RTI Amendments: An Obituary To Independent Information Commission
5 years, 2 months ago

RTI Amendments: An Obituary To Independent Information Commission

Live Law  

The suspense and mystery on the real impact on RTI is now ended. Information Commissioners get less salary than Chief Information Commissioner, which creates hierarchy which was deliberately avoided in original Act. Making Chief IC a subordinate to Govt The Act and Rules of 2019 have the effect of indoctrinating complete subordination into the institution of the information commission, making …

Amendment may impair the right to information
5 years, 5 months ago

Amendment may impair the right to information

Deccan Chronicle  

The Right to Information Act was enacted in June 2005, and came into force in October the same year. The Act has been working fairly smoothly since 2005, and has rightly been used to uncover corruption and administrative ineptitude in government, apart from assisting ordinary people in getting their due from public authorities. Embarrassment was also caused to the government …

RTI Amendment Bill Passed By Parliament
5 years, 5 months ago

RTI Amendment Bill Passed By Parliament

Live Law  

The Rajya Sabha on Thursday passed the Right to Information Bill 2019, which was cleared by the Lok Sabha on Monday.The motion to refer the Bill to Standing Committee was rejected by the majority. The Bill proposes to change the fixed term of the Information Commissioners, and make their pay and service conditions subject to the executive rules to be …

Amendment to RTI Act will compromise autonomy of information commissions, undermine status of commissioners, say ex-officials
5 years, 5 months ago

Amendment to RTI Act will compromise autonomy of information commissions, undermine status of commissioners, say ex-officials

Firstpost  

The Right to Information Bill, 2019 proposes to give the Centre the powers to set the salaries and service conditions of information commissioners at the central and state levels. After the amendment to the RTI Act, the information commissioners will be totally dependent on the government for tenure and salaries, Acharyulu said. Wajahat Habibullah, the first chief information commissioner, claimed …

Sonia Gandhi issues statement condemning Modi govt for passing RTI (Amendment) Bill, says, Centre 'hell-bent on subverting law'
5 years, 5 months ago

Sonia Gandhi issues statement condemning Modi govt for passing RTI (Amendment) Bill, says, Centre 'hell-bent on subverting law'

Firstpost  

UPA chairperson Sonia Gandhi on Tuesday said in a statement that the Centre is determined to subvert the Right to Information Act, 2005. UPA chairperson Sonia Gandhi on Tuesday, in a statement, said that the Narendra Modi-led Centre is determined to subvert the Right to Information Act, 2005. pic.twitter.com/OW0m8lhWzs — Congress July 23, 2019 The bill proposed to give the …

Subverting the RTI regime
5 years, 5 months ago

Subverting the RTI regime

The Hindu  

The recent passage of the Right to Information Bill by the Lok Sabha has reignited the debate on the future of important institutions in India. Two of the most controversial provisions of the Bill are: a) the stipulation that the terms of office of the Central and State Information Commissioners will be determined by the Central government as against the …

Lok Sabha passes bill amending Right To Information Act; Opposition terms it 'attempt to undermine the law'
5 years, 5 months ago

Lok Sabha passes bill amending Right To Information Act; Opposition terms it 'attempt to undermine the law'

Firstpost  

Lok Sabha passed the bill amending the RTI Act, amid objections by the Opposition which alleged that it was an attempt to undermine the law. New Delhi: Lok Sabha on Monday passed the bill amending the Right To Information Act, amid objections by the Opposition which alleged that it was an attempt to undermine the law and make the transparency …

Lok Sabha passes Bill amending RTI Act amidst strong objection from Opposition
5 years, 5 months ago

Lok Sabha passes Bill amending RTI Act amidst strong objection from Opposition

The Hindu  

The Lok Sabha on Monday passed the Right to Information Bill, 2019 three days after it was introduced. The Bill states that the functions being carried out by the Election Commission of India and the Central and State Information Commissions are totally different. Some MPs even called it the ‘RTI Elimination Bill.’ Leader of the Congress in the House Adhir …

Lok Sabha passes RTI Amendment Bill: Here is what you need to know
5 years, 5 months ago

Lok Sabha passes RTI Amendment Bill: Here is what you need to know

India TV News  

A bill proposing to give the Centre the power to set the tenure and salaries of the Chief Information Commissioner and Information Commissioners was passed in the Lok Sabha on Monday amid strong objection from the Opposition. Moving the bill, which was tabled in the house on July 19, for passage, Minister of State in the Prime Minister's Office, Jitendra …

Opposition slams govt over RTI Amendment bill, says govt planning to make transparency panel a 'toothless tiger'
5 years, 5 months ago

Opposition slams govt over RTI Amendment bill, says govt planning to make transparency panel a 'toothless tiger'

Firstpost  

“The RTI Bill, 2019, is a deliberate attempt to undermine the RTI Act and make it toothless tiger like National Human Rights Commission,” Congress leader Shashi Tharoor alleged New Delhi: The opposition on Friday slammed the government in Lok Sabha over the provisions of a bill to amend the Right to Information Act, alleging it has been brought to undermine …

Breaking : Lok Sabha Passes RTI Amendment Bill [Read Bill]
5 years, 5 months ago

Breaking : Lok Sabha Passes RTI Amendment Bill [Read Bill]

Live Law  

The Lok Sabha on Monday passed the Right to Information Bill 2019 which seeks to amend the RTI Act 2005.Speaker Om Birla announced that the motion to vote on bill was passed with 218 'yes' votes as against 79 'no' votes. The amendment bill proposes to change the period of office of Chief Information Commissioner and Information Commissioner as "for …

RTI Amendment bill moved for consideration, passage in Lok Sabha; Centre says it's aimed at 'streamlining' of information commission
5 years, 5 months ago

RTI Amendment bill moved for consideration, passage in Lok Sabha; Centre says it's aimed at 'streamlining' of information commission

Firstpost  

Minister of State for Personnel, Public Grievances and Pensions Jitendra Singh moved the RTI amendment bill for consideration and passage in Lok Sabha on Monday saying it is aimed at streamlining and institutionalising the functioning of information commission. New Delhi: Minister of State for Personnel, Public Grievances and Pensions Jitendra Singh moved the RTI amendment bill for consideration and passage …

The tremor of unwelcome amendments to the RTI Act
5 years, 5 months ago

The tremor of unwelcome amendments to the RTI Act

The Hindu  

“Amendments” have haunted the Right to Information community ever since the RTI Act came into effect almost 14 years ago. In the form of the Right to Information Bill, 2019, they seek to amend Sections 13, 16, and 27 of the RTI Act which carefully links, and thereby equates, the status of the Central Information Commissioners with the Election Commissioners …

Centre Proposes RTI Amendments To Dilute Fixed Tenure And Service Conditions Of Information Commissioners
5 years, 5 months ago

Centre Proposes RTI Amendments To Dilute Fixed Tenure And Service Conditions Of Information Commissioners

Live Law  

The Right to Information Bill 2019 tabled by the Centre in the Lok Sabha on Friday seeks to amend the RTI Act 2005 to dilute the statutorily fixed tenure and service conditions of Information Commissioners. Further, the amendment gives power to the Central Government to fix the salary and allowances of Chief Information Commissioners and State Information Commissioners. The RTI …

RTI integral, says Supreme Court but refuses to come under it
5 years, 10 months ago

RTI integral, says Supreme Court but refuses to come under it

The Hindu  

The Supreme Court on Friday lauded the role of the Right to Information Act as an “integral part of any vibrant democracy.” But the apex court itself has refused to come under the ambit of the information transparency law for the past one decade. The question involved was whether disclosure of information under RTI about judicial appointments, transfers of Supreme …

Central Info Commissioner Should Have The Status Of Chief Election Commissioner; Do Not Select Bureaucrats Only For The Post: SC
5 years, 10 months ago

Central Info Commissioner Should Have The Status Of Chief Election Commissioner; Do Not Select Bureaucrats Only For The Post: SC

Live Law  

The Supreme Court today issued a slew of directives regarding the filling up of vacancies in Central and State Information Commissions under Right To Information Act.The key directions passed by the bench of Justices A K Sikri and Abdul Nazeer are :Chief Information Commissioner should have the status of Chief Election CommissionersInformation Commissioners should not be just bureaucrats,. The Supreme …

Discover Related