Dear Wajahat Habibullah, Shailesh Gandhi and All, Whether High Courts have jurisdiction over Orders passed under the RTI Act, 2005? An argument, A Point of View.
1) Constitution of India supersedes all other laws in this country. 2) Parliament has come into existence by virtue of the Constitution of India. (Part XV Elections Article 324 to 329) 3) Having come into existence Parliamentarians have been conferred upon the powers to amend the Constitution itself, by way of addition, variation or complete repealing of any or all the Articles of the Constitution. In fact Article 368 (5) of the Constitution is very emphatic. Article 368 (5) - For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article. 4) Right to Information Act, 2005 has been passed in the Parliament of India. 5) Sec. 22 of the RTI Act, 2005 states that it is to have an overriding effect over all other existing laws prevalent in the country. 6) Sec. 23 of the RTI Act, 2005 categorically bars the jurisdiction of Courts in respect of any order/s passed under it's Act. 7) Sec. 22 & 23 of the RTI Act, 2005 fall well within the meaning of power of Parliament to amend by way of addition and variation to the provisions of the Constitution under Article 368. 8) Article 329 of the Constitution is a precedent to Sec. 23 of the RTI Act, wherein jurisdiction of Courts have been particularly barred in electoral matters. 9) Hence, By virtue of powers conferred to the Parliament under Article 368 of the Constitution and taking Article 329 as a precedent, It can be reasonably inferred, That by virtue of sec. 22 & 23 of the RTI Act, The Articles 226, 226 A & 227 of the Constitution which defines the powers of a High Court within it's jurisdiction, stand amended to the extent of any orders passed under the RTI Act, 2005. Especially Article 226 A w.e.f. 13-4-1978 particularly stands amended by virtue of RTI Act, 2005 w.e.f. 15-06-2005, because the RTI Act is recent. [Article 226 A "Constitutional validity of Central laws not to be considered in proceedings under article 226."] 10) Hence, No Court can entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act. 11) If the Courts were to entertain proceedings in respect of orders passed under the RTI Act, the road to information will become long and expensive. The author of the RTI Act had envisaged this and hence introduced sec. 22 & 23 in the Act. Link to above: http://www.rtiindia.org/forum/blogs/abhi987/335-whether-high-courts-have-jurisdiction-over-orders-passed-under-rti-act-2005-argument-point-view.html Warm Regards, [Non-text portions of this message have been removed]
