Thursday, December 8, 2011

[rti4empowerment] SC STAYS INCLUSION OF GOVERNOR IN RTI AMBIT

 

TIMES NEWS NETWORK
 
New Delhi: The Supreme Court on Thursday stayed all proceedings against the Goa governor under Right to Information Act pursuant to a Bombay High Court Goa bench ruling that the governor's communications to the Union government came under the ambit of the transparency law. The court also took exception to notice issued by the Goa information commission to the governor when additional solicitor general Vivek Tankha drew the court's attention to the intemperate language.
  
 "Do not bring down the dignity of the institutions. Unless you protect the dignity of the office, it will create problems in a democracy," the bench said while staying all proceedings resulting from the HC verdict.

The HC's decision had perceived repercussions as the Union Cabinet headed by the prime minister relies on the secret report sent by the head of a state to the President as a precursor to action under Article 356 of the Constitution for imposition of central rule.
   
The Goa government's appeal challenged the decision, saying the governor was not a public authority under the RTI Act as he was the formal and constitutional head of the government. "The governor does not perform routine functions of governance, which are left to the various ministries/departments of the government," Tankha argued.

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