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Chandrakant K. Soman (Manager)     05 November 2011

To sought information under right to information act,2005

Can we call informtion under Right to Information Act, 2005 from Member of Parliament or Member of Legislative Assembly. Can we treat them as "Public Authority".

 

C.K. Soman 



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 1 Replies

Kiran Kumar (Lawyer)     05 November 2011

 

(h) "public authority" means any authority or body or institution of self- government established or constituted—

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government,

and includes any—

(i) body owned, controlled or substantially financed;

(ii) non-Government organisation substantially financed,

directly or indirectly by funds provided by the appropriate Government

 

 

above is the definition of 'public authority' as provided under the act...

 

now its a matter of interpretation of law....in my opinion MLA and MP can not be termed as authority in their personal capacity....the authority comes to them by virtue of their position or office provided by the law.....I am just mentioning a smaller picture of it otherwise its quite a larger concept.

 

in my opinion, MP and MLA can not be compelled to disclose any information under RTI in their personal capacity....how such information can be sought from Parliament or Legislative Assembly.


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