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[Polity] Art 74 vs RTI : Letters between President and PM cannot be disclosed
- What is the case?
- What did Delhi HC say?
- Questions for UPSC IAS GS Mains Paper 1
Using Right to information act, one Mr.C Ramesh had sought all the letters sent by President Narayanan to Prime Minister AB Vajpayee relating to Gujarat riots of 2002.
In 2006, Chief Information Commissioner had asked the union government to disclose those letter.
But The union government had filed an appeal against this CIC order, in Delhi High court.
Union Government’s argument is that under Articles 74 and 78 of the Constitution, any advice tendered by the Union council of ministers or correspondence exchanged between the president and the prime minister enjoyed immunity from public scrutiny.
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Article 74(2) of the Constitution bars the disclosure of the advice given by the Council of Ministers to the President.
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Article 74(2) of the Constitution cannot be made subservient to the RTI Act as the same could not have been the intention of the legislature and even if it was, the same cannot come in effect without amending the Constitution.
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Only the judges of the Supreme Court and high courts had the power to call for such material (the communications), to peruse them, under Articles 32 and 226 of the Constitution.
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But CIC cannot claim parity with the judges of the Supreme Court and the high courts
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Therefore, CIC cannot direct the Union to produce the correspondence between the President and the Prime Minister.
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Why were art 74 and 78 been in news recently?
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What are the powers given to SC and HC under Art 32 and 226 of the Constitution of India.
- (Interview) what is your take on Art 74 vs RTI?
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(interview) Can the parliament amend 74(2)? Ans. Yes it can, because #74(2) is not part of the “Basic structure” of the Constitution.
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(interview) Give examples of some Public Organizations excluded from RTI? Are you in favor of it, given all the allegations of corruption in every department?
 President K R Narayan and PM Vajpayee Previous Posts- [Rights issue] Education: Government schemes, organizations, SABLA, NPEGEL, Jalmani, Bal Shree, mock questions
- [Polity] Delegated legislation: meaning, advantages, criticism explained
- [Polity] Inner Line Permit (ILP) issue in Manipur: Background, implications, controversy explained
- [Rights Issue] Jarawa Tribes, Human Safari, Buffer Area, Tribal Commission, 13th Schedule
- [Polity] Citizens’ Charter Bill 2011: Salient Features, Issues, Criticism explained
- [Rights Issue] Socio Economic Caste Census (SECC) 2011: Purpose, Benefits, Features, Deprivation index
- [Polity] Lobbying: Meaning, pro-anti arguments, Nira Radia, Gulam Nabi Fai, Wal-mart
- [Polity] Crime and Criminal Tracking Network Systems (CCTNS): features, Benefits
- [Polity] Judicial Impeachment, reforms, Judicial accountability Bill,Sri Lankan CJ Impeachment
- [Polity] Juvenile Justice Act: features, Controversy post Delhi-Gangrape, National Commission for Protection of Child Rights (NCPCR)
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please post some articles on history also.
So, my question is can a Judge of the Supreme Court by any suo motu mean or by an indirect way of a PIL, order the Govt. to disclose it or bring it in public arena ?
mrunal
please provide your articles in pdf format also
You have written above that, “Only the judges of the Supreme Court and high courts had the power to call for such material (the communications), to peruse them, under Articles 32 and 226 of the Constitution.”
But According to article 74(2)-”The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.”
it cannot be inquired into any court…….
Can u plz clear my doubt
Atul
Refer wikipedia link
http://en.wikipedia.org/wiki/Article_74_(Constitution_of_India)