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

During inquiry into a complaint under section 18, the Central Information Commission needs an original file held by a Ministry, which refuses to give it saying another Act of Parliament makes the file confidential. What is the position under the RTI Act, 2005?

The Commission may examine the file. During inquiry of a complaint, it can examine any record under the public authority's control to which the Act applies, notwithstanding inconsistent laws, and the record cannot be withheld from it on any grounds, including confidentiality under another Act.

  1. AThe Ministry may withhold it if the other Act is a later enactment
  2. BThe Commission may examine any record to which the Act applies despite inconsistent laws, and it cannot be withheld on any groundsCorrect
  3. CThe Commission may examine the file only with the Minister's consent
  4. DThe Commission may only ask for a certified summary of the file

Explanation

Section 18(4) begins with a non-obstante clause overriding inconsistent provisions of any other Act of Parliament or State Legislature. During inquiry of a complaint the Commission may examine any record to which the Act applies under the public authority's control, and no such record may be withheld on any grounds. Hence the Ministry's objection fails.

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