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Thread: RTI Act does not apply to my office: CJI

  1. #17
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    Re: RTI Act does not apply to my office: CJI


    As reported by PTI on ndtv.com on 21 April 2008:
    NDTV.com: Speaker disagrees with CJI's views on RTI

    Speaker disagrees with CJI's views on RTI

    Lok Sabha Speaker Somnath Chatterjee on Monday disagreed with Chief Justice of India KG Balakrishnan's views that the Right the Information Act was not applicable to his office.

    ''I am not questioning the Chief Justice. He is a high constitutional functionary. But since you ask me, I feel we should not keep anything back from people,'' he told reporters when asked about the CJI's views.

    Chatterjee said in a democracy people occupy the central position and insisted that once such information is denied, then ''there is scope for speculation which may affect the credibility of the institution''.

    Disputing Balakrishnan's views that Constitutional functionaries are not covered under the RTI, he said ''everything is under the Constitution or should be under the Constitution. The question is whether people are entitled to know.''

    ''The Constitutional position of people's right to know has been recognised under the RTI Act,'' he said noting that it has been brought for the purpose of enforcement.

    The refrain of the Speaker, who has been forthright in airing his views on judicial activism, was that ''we should not keep anything back from people'' as they have the right to know in a democracy.


    Twitter: @cjkarira

  2. #18
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    Re: RTI Act does not apply to my office: CJI


    There is a Supreme Court judement saying tht they are public servants. Whatever he claim, as per laws of this Country the CJI is a public servant. He is not taken out of the purview of any of the enactments made under the constitution.
    Last edited by Shrawan; 24-04-08 at 12:46 AM. Reason: moderated

  3. #19
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    Re: RTI Act does not apply to my office: CJI


    As reported by Dhananjay Mahapatra of TNN in timesofindia.indiatimes.com on 22 April 2008:
    Is the CJI a public servant?-India-The Times of India

    Is the CJI a public servant?

    NEW DELHI: Chief Justice of India K G Balakrishnan's contention that the CJI was not a public servant but a constitutional authority flies in the face of a 1991 ruling by a five-judge Bench of the Supreme Court which held that all judges of the apex court and high courts were "public servants".

    Justice Balakrishnan recently said, "The Chief Justice is not a public servant. He is a constitutional authority. RTI does not cover constitutional authorities." This assertion appears contrary to the ruling of the five-judge Bench, which by a 4:1 majority, held that "a judge of the high court or the Supreme Court is a 'public servant' within the meaning of Section 2 of the Prevention of Corruption Act".

    The RTI Act had not been conceived at that time and the SC could not debate whether a person categorised as public servant under PC Act would retain his classification under the RTI Act.

    In the judgment given on July 25, 1991, the apex court had rejected the plea of a former HC chief justice, K Veeraswamy, seeking quashing of criminal proceedings initiated against him by the CBI for accumulating disproportionate assets during his tenure as CJ.

    Justices K J Shetty, B C Ray, L M Sharma and M N Venkatachalliah unanimously came to the conclusion that all judges of the superior courts were "public servants".

    Justice J S Verma dissented. "A judge or chief justice of a high court is a constitutional functionary, even though he holds a public office and in that sense, he may be included in the wide definition of a public servant."

    He said that as there was no authority nominated in the PC Act to sanction prosecution of SC and HC judges, they could not be classified as public servants under the anti-corruption law.

    The majority did not agree with Justice Verma. They said for sanctioning prosecution of a judge of the Supreme Court or high court in a corruption case, the President would be the competent authority, though no criminal case would be registered without first consulting the chief justice of the court where the judge was working.

    "If the Chief Justice of India himself is the person against whom allegations of criminal misconduct are received, the government shall consult any other judge or judges of the Supreme Court," the majority verdict said.



    Twitter: @cjkarira

  4. #20

    CJI office not out of RTI purview :: Speaker



    Speaker: CJI office not out of RTI purview
    As reported in Yahoo News on Tue, Apr 22 03:35 AM

    Lok Sabha Speaker Somnath Chatterjee on Monday registered his disagreement with the view held by Chief Justice of India K G Balakrishnan that the Right to Information (RTI) Act is not applicable to his office.

    The Speaker, who has never minced words while articulating his views on issues like judicial activism and judicial interference in the domain of the legislature, was equally candid on the RTI application on the CJI while talking to reporters. He said:

    "I am not questioning the Chief Justice, he is a high constitutional functionary." "Since you are asking me as a constitutional functionary, I feel nothing should be held back from people, except, of course, when it is something related to security," he said.

    People, the Speaker said, were central to a democratic set-up and if information was denied, there was a scope for speculation which might affect the credibility of the institution.

    Chatterjee did not accept the position taken by CJI Balakrishnan that constitutional authorities are not covered by the RTI. He said, "Everything is under the Constitution or should be under the Constitution. The question is whether people are entitled to know."

  5. #21

    Re: RTI Act does not apply to my office: CJI


    "Everything is under the Constitution or should be under the Constitution. The question is whether people are entitled to know"
    That is the BIG QUESTION?
    As for public authority, RTI Act 2005 sec2h(a) cannot be more explicit.
    As for constitutional authority,privelege is wrt removal from office.And impeachment is most difficult nay impossible to achieve,as was witnessed in justice Veeraswami's case for whom Mr Kapil Sibal argued in parliament,regarding corruption charges.
    The more,these "constitutional authorities" resist to transparency,the more unnecessory and avoidable speculations will arise as to their working ethics and may be personal integrity -an extremely undesirable situation considering Judiciary is still highly trusted by people ,unlike the other two branches,Legislative and executive which have sunk to the pits.
    In my opinion,its time for the Judiciary to take this bold and courageous step to lead and embrace RTI,and let guilty and corrupt suffer for their misdeeds.
    Last edited by opsharma; 22-04-08 at 10:33 AM.

  6. #22
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    Re: RTI Act does not apply to my office: CJI


    Our Hon'ble speaker has already clarified the issue thread-bare. How can a public servant whoever it may be can say to the Nation that he is not under an Act enacted by the Houses of our Parliament ? Even our Presidents have not claimed that they are not lawabiding cityzen of India. It call for urgent intervention by our Parliament. This mockery on the law enacting forum warrant more than a cursory remarks by the Hon'ble Speaker. Please think of a suitable information to be asked to the CPIO of the CJI's Office. Let us see whether the reply that the RTI Act is not binding on CJI's office.
    Last edited by Shrawan; 24-04-08 at 12:46 AM. Reason: moderated

  7. Re: RTI Act does not apply to my office: CJI


    We should rather ask hon'ble CJI, through an RTI, which are the laws applicable to his office and which are not.

  8. #24
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    Re: RTI Act does not apply to my office: CJI


    Every law enacted by our Parliament is appliable to every cityzen of India. There are many law enforcing authorities to see that the cityzen abide by he laws enacted by the Parliament. Every law start with a proclamation that "It extends to the whole of India except the State of Jammu and Kashmir" It means it exends to every CITYZEN of that region.
    Last edited by Shrawan; 24-04-08 at 12:46 AM. Reason: moderated

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