An earlier law/ rule whose provisions pertain to furnishing of information but is inconsistent with the RTI Act:
Decision No. CIC/SM/A/2011/000237/SG/12351
Appeal No. CIC/SM/A/2011/000237/SG
Decision announced on May 11, 2011:
2. An earlier law/ rule whose provisions pertain to furnishing of information but is inconsistent with the RTI Act: Where there is inconsistency between the law/ rule and the RTI Act in terms of access to information, then Section 22 of the RTI Act shall override the said law/ rule and the PIO would be required to furnish the information as per the RTI Act only.
The Commission has perused the decisions cited by the Respondent and noted that the then Chief Information Commissioner has delved into the semantics of interpretations of statutes. This Commission agrees with the observations and the judgments quoted therein which discuss the overriding effect of a later general law over an earlier special law. Based on these observations, this Commission agrees that the RTI Act does not abrogate or repeal the SC Rules. This Commission also agrees with the observations of Mudholkar J., that “where it is doubtful whether the special statute was intended to be repealed by the general statute the court should try to give effect to both the enactments as far as possible”.
The SC Rules as well as the RTI Act coexist and therefore, it is for the citizen to determine which route she would prefer for obtaining the information. The right to information available to the citizens under the RTI Act cannot be denied where such citizen chooses to exercise such right, as has been done by the PIO in the instant case. The Commission would like to highlight that just as the SC Rules put in place by the Supreme Court are not abrogated, the RTI Act passed by the Parliament also cannot be suspended. If the PIO has received a request for information under the RTI Act, the information shall be provided to the applicant as per the provisions of the RTI Act and any denial of the same must be in accordance with Sections 8 and 9 of the RTI Act only. In view of the same, this Commission respectfully differs with the decisions of the then Chief Information Commissioner when he concluded that since the SC Rules were not inconsistent with the RTI Act, the citizen shall be required to obtain the information under Order XII of the SC Rules.
In the instant case, the PIO had stated that there was a separate procedure under Order XII of the SC Rules for obtaining information and that the Appellant could obtain the same only by following the mechanism mentioned in Order XII of the SC Rules. In other words, it appears that the Appellant would not be able to enforce the right to information available to her under the RTI Act and have to necessarily follow the procedure mentioned in the SC Rules. Moreover, even where the Parliament has guaranteed every citizen the right to information under the RTI Act, the PIO, in the instant case, has abrogated the same by directing the Appellant to obtain the information in accordance with Order XII of the SC Rules.
The Commission has noted that the PIO has rejected the request for information under the RTI Act without taking recourse to Sections 8 and 9 of the RTI Act, which is clearly against the statutory mandate. If the reply provided by the PIO is to be accepted, it would negate the citizen’s right to information under the RTI Act and frustrate the implementation of the latter. The RTI Act is a reflection of the will of the citizens of India that has been codified by the Parliament, and accepting the reply of the PIO furnished in the instant case would render the RTI Act redundant. Merely because Order XII of the SC Rules provide for a mechanism by which certain information may be obtained by the applicant, does not mean that the citizen cannot exercise her right to obtain the same information by taking recourse to the RTI Act (subject always to the provisions of Sections 8 and 9 of the RTI Act).
In view of the aforesaid arguments, this Commission holds that it is the citizen’s prerogative to decide under which mechanism i.e. either Order XII of the SC Rules or the RTI Act, she would like to obtain information. If the PIO has received a request for information under the RTI Act, the information shall be provided to the applicant as per the provisions of the RTI Act and any denial of the same must be in accordance with Sections 8 and 9 of the RTI Act only; the applicant cannot be forced to obtain the information as per Order XII of the SC Rules.