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CS Executive · Jurisprudence, Interpretation and General Laws · Right to Information Law

During inquiry into a complaint, the Central Information Commission asks a public authority for a file, but the authority refuses, citing that another Act of Parliament protects the record from disclosure. Which is correct under the Act?

The Commission may examine the record. Notwithstanding any inconsistent Act, it can inspect any record under the public authority's control to which the RTI Act applies during a complaint inquiry, and no such record can be withheld from it on any grounds.

  1. AThe authority may withhold the file because the other Act prevails
  2. BThe Commission needs a civil court's order before it can inspect the file
  3. CThe Commission may examine any record to which the Act applies under the authority's control, and no such record may be withheld from it on any groundsCorrect
  4. DThe Commission may examine the record only with the Central Government's approval

Explanation

Section 18(4) begins with a non-obstante clause overriding inconsistent Acts of Parliament or State Legislature and allows the Commission to examine any record to which the Act applies during inquiry of a complaint; no such record may be withheld on any grounds. Hence the refusal fails.

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