[rti4empowerment] The Secret Way to Indirectly Amend the RTI Act?

 

Dear Friends,

RTI Act can be amended in the following ways:

 

Sr. No.	Direct / Indirect	Procedure / Method	Needs Sanction	Difficulty Level
1.	Direct Amendment	Introduce a Bill for direct amendment of the RTI Act	Both the Houses of Parliament.	Difficult
2.	Indirect Amendment	Introduce a Bill for passing another Act (e.g. Protection of Privacy Act) which in a way amends the RTI Act	Both the Houses of Parliament	Difficult
3.	Indirect Amendment	A Case Law which interprets the Provision of RTI Act in a different way.	Judicial Branch (particularly SC) of the Government	Difficult
4.	Indirect Amendment	Make Rules; Gazette (Publish) the Rules take approval of the Rules in  MANDATORY COMPLIANCE of Section 29(1)	Both the Houses of Parliament	Difficult
4S Secret.	Indirect Amendment	SECRET: Make Rules; Gazette (Publish) the Rules & Snore zzzzzzzzzzz	SECRET: Violate Sec. 29(1), Do not go to the Parliament.	EASY

For a Law to come into effect, it has a DEFAULT position:

For point no. 1,2 & 3 above, the default position is that law comes into effect ONLY when the bill is cleared by the Parliament (Legislature) and assented to by the President (Executive).

But for point no.4 above the default position is that RULES (Law) come into effect the moment they are GAZETTED :)

So, the SECRET & EASIEST way to indirectly amend the RTI Act is to make RULES, GAZETTE (publish)  them, not go to the Parliament, thus violate mandatory provision of sec. 29(1) of the RTI Act. 

Whereas, the fact is that EITHER enactment OR direct / indirect (rules) amendment of an Act requires the Sanction of the Parliament which REPRESENTS THE WILL OF THE MAJORITY OF THE PEOPLE.

Therefore, the competent authority can most respectfully make Rules for better implementation of the provisions of the RTI Act, but it cannot decide the use / misuse, right / wrong of a provision, for indirectly amending the RTI Act; It is only the collective will of the majority of the people of a Nation which is represented by the Parliament on behalf of them, can decide, either the enactment or direct / indirect amendment of the RTI Act.

By the Way:

Information Requested from DoPT:

 

Photocopy of Inward & Outward correspondence with the Parliament for seeking approval of CIC (Appeal Procedure) Rules, 2005.

 

Photocopy of final approval received from the Parliament.

 

Information Received from the PIO of DoPT:

 

No such information exists in the file.

One is free to infer ...........

Best Regards,

Sunil.

 

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