Dear Mr Sarbajit
This is a very good step you have taken. Good discussion is badly
needed in the group.
I am also FOR the motion - the Regulations are absolutely illegal.
1) After reading section 12 of RTI Act i find
a) the Central Information Commission ("Commission") is a BODY and not
any individual like Mr Habibullah. Therefore all the decisions of CIC
must be "collective" decisions. Yet, in many cases, we find that
orders of one I.C. are contradicting another I.C.
b) the "general" supervision / direction / management of the
Commission to "vest in" the Chief Information Commission. This
actually reaffirms that the CIC is a collective body and that the
Chief Information Commissioner is not SPECIFICALLY responsible for any
decision / action / omission of the Commission.
c) the limitation of 12(4) viz, " may exercise all such powers and do
all such acts and things which may be exercised or done by the Central
Information Commission autonomously without being subjected to
directions by any other authority under this Act." is placed on the
Commission as a whole and not on the Chief Information Commissioner.
It is clear that the Commission can only exercise powers and do things
which cannot be done by any other authority under the Act. So the
Commission has no rule making powers since these are with the
"government". In Indian law there is no distinction between "Law",
"Rule" and "Regulation". In fact till 1833 India's "laws" were known
as "Regulations". WHERE IS THE CONSENSUS OF THE BODY OF CIC TO FRAME
THESE REGULATIONS? (This is clearly a individual ill-advised action of
Mr Habibullah and his cronies).
2) If the Management Regulations are "notified" then there will be a
Gazette Notification. So far there is no Gazette Notification. Not
only has the DoPT has refused to notify these Regulations but DoPT has
also challenged the legal basis or power of 12(4) for CIC to frame
these regulations. WHERE IS THE GAZETTE NOTIFICATION? WHERE IS THE
OFFICIAL HINDI TRANSLATION OF THESE REGULATIONS? (I have asked Indian
Embassy at Paris but they do not have it)
3) I also find that CIC has tampered with crucial definition of "prescribed".
In RTI Act ""prescribed" means prescribed by rules made under this Act
by the appropriate Government or the competent authority, as the case
may be;"
In CIC Regulations "“Prescribed” means prescribed by or under the Act
or under the Rules or Regulations."
WHEN THE PARENT ACT DOES NOT PERMIT PRESCRIPTION TO BE ANY OTHER WAY
BUT BY RULES, HOW CAN MR. HABIBULLAH NOTIFY SUCH REGULATIONS?
Yours
Dr Vishnu Mutthu
--- In [email protected], "sroy1947" <sroy1...@...> wrote:
>
> Topic:
>
> "This House believes that the 'CIC Management Regulations, 2007' have no
> basis/force in law, and 'inter alia' contravene/dilute the parent "RTI Act
> 2005" and the duly notified Rules published by Central Government thereunder
> to the detriment of citizens"
>
> Proposed by
> Sarbajit Roy
> "FOR" the motion
>
> Kindly identify yourself as "FOR" or "AGAINST" the motion while setting out
> your case.
>
> If there is insufficient representation for any "side", the Moderators shall
> "honour" 1 or 2 "Devils advocates".
>
> If there is insufficient participation in this and other future debates - the
> Moderators shall dissolve this group.
>
> Reference Material:
> http://cic.gov.in/CIC%20Regulations,%202007.pdf
> http://cic.gov.in/rti-act.htm
> http://cic.gov.in/CIC-Notifications/CIC%20Appeal%20Rules.pdf
>
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