Bar on Jurisdiction of Courts under the RTI Act
Yes, there is a bar on the jurisdiction of courts under the Right to Information (RTI) Act, 2005. This is specified in Section 23 of the Act, which states:
"No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act."
This means that courts, other than the High Courts and the Supreme Court, cannot entertain any legal proceedings related to orders made under the RTI Act. The only way to challenge such orders is through the appeal mechanisms provided within the Act itself.
Appeal Mechanisms
- First Appeal: If you are not satisfied with the response from the Public Information Officer (PIO), you can file a first appeal with the First Appellate Authority (FAA) within the same public authority.
- Second Appeal: If you are still not satisfied with the decision of the FAA, you can file a second appeal with the Central Information Commission (CIC) or the State Information Commission (SIC), depending on the jurisdiction.
Writ Jurisdiction
While lower courts are barred from entertaining suits related to RTI orders, the writ jurisdiction of the High Courts and the Supreme Court under Articles 226 and 32 of the Constitution of India remains unaffected. This means that you can approach these higher courts for writ petitions if you believe there has been a violation of your fundamental rights or if there are significant legal issues involved.
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