Re: Can I know what advice the cabinet has given to the President?
Originally Posted by RAVEENA_O
When Article 74(2) of the Constitution applies and bars disclosure, information cannot be furnished. RTI Act cannot and does not have the ability and mandate to negate the constitutional protection under Article 74(2). The said Article refers to inquiry by courts but will equally apply to CIC.
Seven Judges of the Supreme Court in S.P. Gupta and others Vs. President of India and others (AIR 1982 SC 149) have examined and interpreted Article 74(2) of the Constitution of India. The majority view of six Judges is elucidated in the judgment of Bhagwati, J. in para 55 onwards. It was observed that the Court cannot embark upon an inquiry as to whether any and if so what advice was tendered by the Council of Ministers to the President.
Since such advice is beyond the purview of judicial scrutiny, there shall also be no remedy in case of denial.
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Hon'ble Raveena Ji information commissions are quasi-judicial bodies. Here courts means whose function is secured under the provision of independence of judiciary. Here provision of constitution only shields the interaction between ministers and president from interference of judiciary as obvious from your quotes. These conversations don't come under the ambit of courts. This is sheer corruption in the system and incompetency which compels the accountable functionary to misinterpret the law. Architect of constitution never guessed