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Thread: Committees/bodies set up by courts

  1. Committees/bodies set up by courts


    Nowadays the courts in India have started evincing the custom of setting up committees or other supervisory bodies in order to ensure that the court's orders are followed in its letter and spirit.

    The definition of "public authority" under section 2(h) of RTI Act talks about authorities formed by any law made by parliament, State legislature or constitution, or by means of notification. It does not spell about the institutions that are formed by the Courts in India. Similarly, the 'inclusive part' in this definition deals with the financial control/management of the institutions alone.
    Can the committees formed vide court's order be amenable to RTI Act even if they raise funds out of their resources?
    what is the legal provision? Can anybody clarify this point? Do we have any precedent under the RTI Act?



  2. #2
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    Re: Committees/bodies set up by courts


    The Court itself is a Public Authority, as defined in Sec 2(h) of the RTI Act.
    In the normal course, many PA's set up committees for something or the other.
    These work under the direct supervision and guidance of the "parent" PA.
    Therefore they should be under the RTI Act.

    Alternatively, you can try getting the information directly from the Court, which is the controlling PA in this case.

  3. Re: Committees/bodies set up by courts


    Thanks a lot for the clarification. But in most of the cases, the court requires only annual report from these committees and they do not exercise day- to -day control over these bodies and in several cases, the courts do not even know the functions of these committees. In such a case, who will be the Principal PA?

  4. #4
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    Re: Committees/bodies set up by courts



    I think the court will still be the "principal" PA.



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