38.6c New Delhi, India, Monday, May 20, 2024
Judiciary

SC Asks Centre To Give Reply To Jairam Ramesh’s PIL Challenging RTI Amendment, 2019 Within 4 Weeks

By LawStreet News Network      31 January, 2020 11:01 PM      0 Comments
SC Asks Centre To Give Reply To Jairam Ramesh’s PIL Challenging RTI Amendment, 2019 Within 4 Weeks

On January 31, 2020 a Supreme Court bench comprising Justices DY Chandrachud and KM Joseph issued a notice to the Central Government to give response within four weeks, on a Public Interest Litigation (PIL) filed by ex-Union Minister and Congress MP Jairam Ramesh challenging the constitutionality of the Right to Information (Amendment) Act, 2019 and the Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service) Rules, 2019 (RTI Rules).

“The real object of the amendment is to denude the authorities under the RTI of their independence and impartiality. The Government feels threatened by the authorities under RTI that are not answerable to it and hence, the real purpose of the impugned amendments is to clip the independence and impartiality of the authorities under the act,” saysPIL filed by Jairam Ramesh.

"Section 2 (c) of the amendment Act grants absolute power to the central government to prescribe the salaries, allowances, and terms and conditions of service of the central information commissioners that in the pre-amended Act was fixed to be on par with election commissioners under section 13 (5) of the RTI Act," the plea said.

As per plea, Rule 3 and Rule 12 prescribes a tenure of 3 years for the office of Central as well as State Information Commissioners and Rule 5 and Rule 14 for stipulating the salaries of the Central and the State Information Commissioners which shall be at the pleasure of the Central Government. 

Rule 21 gives the Central Government absolute power to decide the ‘condition of service’ of Information Commissioners not expressly covered under the rules, which is further questioned as a residuary power.

Moreover, Rule 22 gives discretionary power to the Central Government to relax the applicability of the provisions of the RTI Rules for any class or category of persons such as the Central Information Commissioner (CIC) and the State Information Commissioner (SIC), thereby empowering the Centre. 

Further, it is contended that it infringes fundamental rights guaranteed under Articles 14, 19 (1) (a)and 21 of the Constitution of India, 1949.

Last year, the Congress leader had alleged that the government was bringing amendments in the RTI Act to take revenge on institutions as it exposes the "false claims" of the government.

"These are the embarrassing cases for the government. The case about his educational qualification in Delhi Court. The Prime Minister has claimed rupees four crores' bogus ration cards were weeded out by his government whereas the RTI shows that the number of bogus rations cards was actually Rs. 2.3 crore," he had said.

Author – Satwik Sharma



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

supreme-court-refuses-to-entertain-plea-for-stay-on-new-criminal-laws
Trending Judiciary
Supreme Court refuses to entertain plea for stay on new criminal laws

SC refuses plea to stay new criminal laws. Court deems the plea casual, noting laws aren't yet implemented. Petitioner withdraws. Laws effective from July 1, 2024.

20 May, 2024 12:58 PM
scba-election-result-2024-know-the-newly-elected-members
Trending Know The Law
SCBA Election Result 2024, Know the newly elected members

SCBA Election Result 2024: Senior Advocate Kapil Sibal elected President. Know the newly elected members and key office bearers leading the Supreme Court Bar Association.

20 May, 2024 03:03 PM

TOP STORIES

sc-issues-notice-to-ed-on-hemant-sorens-plea-against-arrest-in-land-scam
Trending Judiciary
SC Issues Notice to ED on Hemant Soren's Plea Against Arrest in Land Scam

Supreme Court issues notice to ED on Hemant Soren's plea against arrest in a land scam case, sets hearing for May 17 after senior advocate Kapil Sibal's request for an earlier date.

14 May, 2024 11:24 AM
3800-metric-tonnes-of-solid-wastes-going-untreated-everyday-in-delhi-sc-records-concern
Trending Environment
3,800 metric tonnes of solid wastes going untreated everyday in Delhi SC records concern

The Supreme Court expressed concern as 3,800 metric tonnes of solid waste in Delhi go untreated daily. The issue must be addressed promptly beyond political lines.

14 May, 2024 11:30 AM
plea-filed-in-sc-for-review-of-april-26-evm-vvpat-verdict
Trending Judiciary
Plea filed in SC for review of April 26 EVM VVPAT verdict

A plea has been filed in the Supreme Court to review its April 26 verdict on EVM VVPAT verification, challenging the decision that dismissed a demand for 100% vote cross-verification.

14 May, 2024 12:13 PM
ai-cant-detect-consent-microsoft-and-google-tell-delhi-high-court
Trending Judiciary
AI can’t detect consent Microsoft and Google tell Delhi High Court

Microsoft and Google tell Delhi HC that AI can't detect consent for NCII takedowns, challenging a 24-hour removal directive under IT Act's safe harbour protections.

14 May, 2024 01:33 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email