It should not have been, but it happened. I think the CJI uttered the unacceptable opinion, which was only slip of tongue. Like the advice of Ex PM Atal to learned Advocate Jethmalani, Silence is often valuable that Mr Jethmalni should adopt.
I had sent an email to SC and got the reply that the Asstt Registrar is the PIO and IPO of Rs 10/- in the name of the Registrar is to b sent with RTI application. This means that the SC entertains RTI application. Why this contradiction?
If RTI Act does not apply to his office why RTI Rules framed forHigh Courts notifying PIO/FAA.I am talking seeing the RTI Portalof Orissa High Court which is not separate from Supreme court or the honorable CJI!
Now let us examine as to what does one mean by Constitutional Authority ? As fr as my little knowledge goes it is those authorities whose duties and responsibilities are specified in our Constitution. For Eg. The Comptroller & Auditor General of India. This does not mean that they are outside the ambit of the Constitution for all other purpose . They are defenitely not outside the ambit of our Constitution. Every Acts and Rules made under the Constitution is equally binding on them like any other cityzen. As I had said elsewhere, a person claiming to be a Constitutional Authority cannot claim that the Indian Penal Code is not pplicable to him.
Similarly the RTI Act made under the Constitution of India is equally applicable to the CJI. If Hon'ble CJI is outside the RTI Act does claim that the IPC oir CrPC or even his own Contempt of Courts Acts are also not applicable to him. ?
NO SIR !!! EACH AND EVERY ACT/RULES ENACTED BY OUR PARLIAMENT BY VIRTUE OF THE POWERS ENTRUSTED TO IT BY OUR CONSTITUTION IS EQUALLY APPLICABLE TO EACH AND EVERY CITYZEN OF WE THE PEOPLE OF INDIA.
Last edited by Shrawan Pathak; 24-04-08 at 12:46 AM.
CJI is a constitutioal authority ,but his office is not.Any authority whose designation/post is mentioned in the Constitution of india,clearly defining duties and responsibilities,is known as constitutional authority.Some of the constitutional authorities have already been mentioned in above posts of this thread.
Like I have already mentioned in some other thread today,its a matter of time and you will see RTI engulfing every post -constitutional or otherwise.