CIC requests RS Chairman to decide issue of privilege
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Last Updated: Wednesday, May 25, 2011, 16:26
  
New Delhi: The Central Information Commission has asked Rajya Sabha Chairman to take a decision on whether disclosure of file notes, under the RTI Act, on notices and questions received from members will be a breach of Parliamentary privilege.

The transparency panel, while deciding the case of an RTI applicant who had sought to know questions and discussions that took place in the Rajya Sabha against the Central Information Commission, has referred the issue of privilege to the Chairman of the House.

Applicant Anita Chabra had also demanded note sheets prepared by the Secretariat on these questions and notices for discussions received from members. The information was denied by the Secretariat citing section 8(1)(c) of the RTI Act which exempts from disclosure information which would cause a breach of privilege of Parliament or the State Legislature.

"This Commission realises that there is no exact codification of Parliamentary Privilege. In view of this the Commission requests the Chairman of the Rajya Sabha to consider whether giving this information would be a breach of privilege of the Parliament," Information Commissioner Shailesh Gandhi said.

He directed that disclosure of information would depend on the decision of Chairman Rajya Sabha.

The Rajya Sabha Secretariat, while declining to disclose the information, had said it works on the behalf of the Chairman and decisions like notices received from the MPs are taken in terms of the Rules of Procedure of the House.

"...and in this process the Secretariat is exercising the powers and functions of Chairman Rajya Sabha. The decisions arrived at in terms of the said rules are privileged and protected from disclosure into the public domain," the Secretariat said.

It said the control on the business of the house falls with the jurisdiction of the house itself and this is the Parliament Privilege.

"This being so, it is not felt appropriate to divulge the decision taking process in relation to the business of the house," it said.

Information Commissioner Shailesh Gandhi said, "This is an interesting proposition but if this is to be accepted, various protection given to certain bodies would be extended far beyond its intended purpose."

He pointed out when any institution or person denies a citizen's fundamental right, great care needs to be taken.

"However, the majesty and privilege of the Parliament also have to be respected with equal care for democracy to function properly...If the Honourable Chairman comes to the conclusion that giving this information will not be a breach of privilege of Parliament the PIO is directed to provide the information," Gandhi held.

PTI


First Published: Wednesday, May 25, 2011, 16:26


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