Petition addressed to The Supreme Court of India to reconsider its recent decision on RTI
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This petition addressed to The Supreme court of India to reconsider its decision in - in CIVIL APPEAL NO.(s).6159-6162 OF 2013- UNION PUBLIC SERVICE COMMISSION ETC Vs ANGESH KUMAR & ORS. ETC.- wherein an erroneous position of law is laid down to deny information under RTI Act, 2005 even based on grounds not mentioned in Sections 8(1),9,11 but based on the third part of the preamble of the RTI Act, 2005.
In para.7 of the judgment it held that information can be denied dehors Sections 8,9,11. Moreover, information in appropriate cases can be denied based on the third part of the preamble of the RTI Act, 2005, thereby making the third part of the preamble of the statute being justiciable.
The Aforementioned observation of the Supreme court of India, is patently erroneous for the following reasons:
(a) It is judicially settled that the preamble is not justiciable.
(b) A 13 judge bench in Keshavananda Bharathi case held that even the preamble of the constitution, though it is a part of the constitution is not justiciable. The preamble of the constitution is neither a source of power nor the source of limitations.
(c) Hence, when even the preamble of the constitution of India being held not justiciable by a 13 judge bench, the preamble of the statute, which is subordinate to the constitution, cannot be justiciable.
(d) The two judge bench is bound by the settled position of law by the 13 judge bench with regard to the non-justiciability of the preamble of the constitution, which is superior to the statute.
(e) Hence, by virtue of its observations in para.7 of the judgment, the Honorable Supreme Court, in essence, made the third part of the preamble of the RTI Act, 2005 as justiciable, which is clearly untenable in law for the reasons mentioned above.
(f) The said judgment will pave way for the public information officers to deny those information which are otherwise disclosable by relying on the third part of the preamble of the RTI Act, 2005, which will lead to harassment of the RTI applicants leading to avoidable litigation even up to the supreme court.
(g) Hence, the error so detailed herein before being apparent on the face of record, the Honorable Supreme Court of India, in exercise of its inherent powers can correct the same in the larger interest of justice by promoting the right to information within the contours delineated by the constitution of India
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