If information sought is, accessible through mechanism provided in another statute can the provisions of RTI be resorted to?

Overriding Effect of the RTI Act

The Right to Information (RTI) Act, 2005, is a landmark legislation in India that empowers citizens to seek information from public authorities, thereby promoting transparency and accountability in governance. One of the critical aspects of the RTI Act is its overriding effect, as specified in Section 22. This section ensures that the provisions of the RTI Act take precedence over any other law that might restrict access to information. This means that even if there is another statutory mechanism in place under a different Act, the right to information under the RTI Act cannot be denied solely on that basis.

Overriding Effect of the RTI Act

Section 22 of the RTI Act states:

"The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act."

This clause is crucial because it ensures that the RTI Act supersedes other laws that may have provisions conflicting with the right to information. For instance, if another law prescribes a different mechanism for accessing information, the RTI Act's provisions will still apply, ensuring that citizens can exercise their right to information without being hindered by other statutory requirements.

Grounds for Denial of Information

While the RTI Act has an overriding effect, it does not mean that all information requests must be granted. There are specific grounds under which information can be denied, as outlined in Sections 8 and 9 of the Act. These grounds include:

• National Security: Information that could affect the sovereignty and integrity of India, the security, strategic, scientific, or economic interests of the state, or relations with foreign states.
• Privacy: Information that would invade the privacy of an individual unless there is a larger public interest involved.
• Commercial Confidence: Information that includes trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party.
• Fiduciary Relationship: Information available to a person in their fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.
• Law Enforcement: Information that would impede the process of investigation or apprehension or prosecution of offenders.
• Cabinet Papers: Information related to Cabinet papers, including records of deliberations of the Council of Ministers, Secretaries, and other officers.
• Legislative Privilege: Information that is expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.
• Information from Foreign Government: Information received in confidence from a foreign government.
• Endanger Life or Safety: Information that would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes.

Application of the Overriding Effect

The overriding effect of the RTI Act ensures that even if there is a statutory mechanism under another Act, it cannot be used to deny information that should be accessible under the RTI Act. For example, if a public authority argues that information cannot be provided because another law prescribes a different procedure for accessing it, this argument would not hold if the information is otherwise accessible under the RTI Act.

This principle was upheld in various judicial pronouncements where courts have reiterated that the RTI Act's provisions take precedence over other conflicting laws. The rationale behind this is to ensure that the right to information is not diluted by other statutory provisions that might restrict access to information.

Practical Implications

In practice, this means that public authorities cannot deny information requests under the RTI Act by citing other laws that prescribe different mechanisms for accessing information. For instance, if a law related to a specific sector (like banking or telecommunications) has its own procedure for information disclosure, the RTI Act's provisions will still apply, and the information must be provided unless it falls under the exempted categories mentioned in Sections 8 and 9.

This overriding effect strengthens the RTI Act's role in promoting transparency and accountability. It ensures that citizens have a robust mechanism to access information, which is essential for participatory democracy. By making information accessible, the RTI Act empowers citizens to hold public authorities accountable, thereby fostering a culture of openness and transparency in governance.

Judicial Interpretations

Several judicial decisions have reinforced the overriding effect of the RTI Act. For example, in the case of Central Board of Secondary Education (CBSE) & Anr. v. Aditya Bandopadhyay & Ors., the Supreme Court of India held that the RTI Act overrides other laws to the extent of any inconsistency. The court emphasized that the RTI Act is a progressive legislation aimed at promoting transparency and accountability, and its provisions should be interpreted in a manner that furthers these objectives.

Similarly, in Institute of Chartered Accountants of India v. Shaunak H. Satya & Ors., the Supreme Court reiterated that the RTI Act has an overriding effect and that information cannot be denied merely because another statute provides a different mechanism for accessing it. The court highlighted that the RTI Act is a tool for ensuring transparency and accountability in public authorities and should be given a broad interpretation.

Conclusion

The Right to Information Act, 2005, is a powerful tool for promoting transparency and accountability in India. Its overriding effect, as specified in Section 22, ensures that the provisions of the RTI Act take precedence over other laws that might restrict access to information. This means that even if there is another statutory mechanism in place, the right to information under the RTI Act cannot be denied solely on that basis. However, there are specific grounds for denial of information under Sections 8 and 9, which include national security, privacy, commercial confidence, and others. The overriding effect of the RTI Act ensures that citizens can exercise their right to information without being hindered by other statutory requirements, thereby promoting a culture of transparency and accountability in governance.