CIC regulations are not maintainable

Message No 17188
Of June 27, 2007

Post by col n r kurup

I had no comment against the CIC exercising his powers vested under Section 12(4) of the RTI Act nor his superintendence, direction and MANAGEMENT OF HIS AFFAIRS . My observation was on the CIC making "RULES (REGULATION)" under the guise of "MANAGEMENT OF AFFAIRS OF CIC" which give an impression that it is made to
overcome the public outcry against amendments of the Act and to by-pass the requirement of laying it before each Houses of Parliament if made under Section 27.This is more so when this Regulation varies the definitions of terms given in the RTI Act 2005 and changes its basic people-friendly, character and accountability which is even beyond the powers given in Section 27.

The plea that this Regulation amount to Management of the affairs of the CIC does not appear hold as the entire provisions of the RTI Act can be interpreted as falling under the "management of the CIC/SIC" which does not mean that the CIC/SIC has the power to varie the provisions or amend the RTI Act.

CIC is not a COURT OF RECORDS and naturally its previous judgments cannot be quoted as Authority, the way High Courts and Supreme Court judgements are quoted. The CIC's plea that his previous orders No.CIC /OK/A/2006/00154 dated 2-1-2007 remain unchallenged and quoting it as an authority does not provide him any protection That judgement is allowed to remain so just because of the limited effectiveness of the parties. In para 31 of that orders the CIC had implied that " the CIC can ignore the directions of the government" when he is duty-bound to abide by the Rules made by government under Section 27. No one challenged this doesn't mean that his above view is correct.

This case involve mainly 4 issues"

1. Does 'Regulation means Rules ?

Regulation means Rules.As per dictionaries and wikipedia,Regulation means Principle,Rule or law designed to control or govern conduct; A governmental order having the force of law. It does not indicate as management. Hence it mean "Rule" in every respect.

2. Is the CIC vested with powers to make Rules ?

Rule12(4) andRule27 is very specific. He has absolutely no powers to make Rules under Section 12(4) under the guise of management. Mr.Prakash Kardaley in his comments has posted specific example as to the out come of these Management Rules when the Central Government makes its own Rules. under Section 27. Even now Central government can nullify these Regulations under Section 27 if there is a strong opposition or court give direction to do so. The CIC's Orders at para 32 of his old orders that Central Government has no power to do so will not stand. If the CIC does not realise this, nothing forbid us from seeking a writ nullifying this Regulation.As per Section 30, if any difficulty arise in giving effect to the provisions of this Act,the Central Government may, by order published in the Central Gazete make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty. This answers the CIC's plea that the appropriate government has no power as implied
inpara32 of his orders of 2-1-2007.

3.Can a delegatee delegate.?

As per "Delegation of Powers Orders" I think the CIC is a delegatee. He cannot delegate his powers to the Registrars. Section 12(4) itself amplified that "the CIC who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the CIC autonomously without being subjected to directions by any other authority under this Act" In his regulation the CIC has delegated some of his powers like rejection of an appeal etc to the Registrar.

Even Rule 12(4) does not permit it whereas the Regulation has done sounder Section 12(4). How can this be maintainable?

4. Has the CIC powers to amend the definition and change the basic character of the RTI Act?

All action whether management or direction or superintendence by the CIC has to be confined to the basic provisions of the RT I Act 2005. This truth is explained at various sections of the Act. The CIC cannot under any circumstances alter the basic character of the RTI Act 2005

In view of the above I personally feel that the new Regulation of the CIC is not at all maintainable.