MOTION: "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"
"FOR" the motion 1) Dr. Vishnu Mutthu 2) Sarbajit Roy AGAINST the motion None ARGUMENTS FOR: Per Dr.Mutthu. 1) By 12(1), the CIC is a BODY (and not any individual). The decisions must be collective decisions and not "a individual ill-advised action of Mr Habibullah and his cronies.". There is no proof/evidence that this impugned "Regulation" is a collective work of the "body" (as distinct from "an individual ill-advised action of Mr Habibullah and his cronies". 2) For the "Regulations" to be "in force" there must be a NOTIFICATION in the OFFICIAL GAZETTE along with a HINDI translation. There is no evidence/proof of this requirement being complied with. 3) Section 12(4) only gives power to the CIC which can be exercised by "any other Authority under the Act". Since Rule making power is with "Government", CIC cannot exercise "Rule making" power. In Indian law there is no practical distinction between a "Rule" and a "Regulation" except that "Regulations" are generally "inferior" to "Rules". 4) CIC Regulations cannot tamper with / exceed core definitions of RTI Act like "prescribed" as has been done. Let the debate continue Sarbajit --- In [email protected], Vishnu Mutthu <vishnu.mut...@...> wrote: > > 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
