Category: Law
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Whether the SC brought Societies / Trusts / NGO’s under the ambit of the RTI in September 2019?
Aided Colleges / schools fall under the ambit of the RTI is well-settled law, despite this, the DAV College Trust and Management Society running aided schools and Colleges chose to take the position that they are not covered under S.2(h) of the RTI Act 2005 on the principle ground that the Act did not contemplate…
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Ex – parte orders of the Maharashtra State Information Commissioners – hit by delegation of statutory powers and violation of principles of natural justice
The right to information is a fundamental right protected under Article 19(1) of the Indian Constitution and the Right to Information Act 2005 is to streamline this right. However, looking at the recent orders/decisions/procedures of the State Information Commissioners (SIC) of Maharashtra, one is compelled to conclude that there is either lack of display of…
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Is S.154(3) of the CrPC rendered redundant?
In evolutionary biology, it is theorised that organs or body parts of a living organism/animal becomes degenerate, rudimentary, or atrophied, rendering it functionless in the course of evolution if not used for the purpose it was evolved. Section 154(3) of the Code of Criminal Procedure 1973 (CrPC) similarly has been rendered redundant and there are…
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PM Cares Fund and the Right to Information
In reply to an RTI query filed to seek information about the PM Cares Fund, the Prime Minister’s Office denied information citing the ground that it is not a public authority. Further, the PMO added, “However, relevant information in respect of PM-CARES Fund may be seen on the website pmcares.gov.in.”. What was sought under RTI was…
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Provisions of S.18 and 19 of RTI Act 2005 are distinct?
Post – independence, the Right to Information Act 2005, is a landmark legislation in India, which empowers the citizens by streamlining the right to information and brings the right in action. However, recently the provisions of the Act have been diluted by Information Commissioners especially by the scant and rare use of penal provisions u/s…
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