Gujarat HC sets aside CIC order seeking information on Prime Minister’s MA degree, fines Arvind Kejriwal

Gujarat HC sets aside CIC order seeking information on Prime Minister’s MA degree, fines Arvind Kejriwal

Subject: Polity

Section: msc

The Gujarat High Court said on Friday, 31 March, that the Prime Minister’s Office (PMO) need not furnish PM Modi’s undergraduate and post-graduate degree certificate.

In ruling so, the court set aside an order by the Chief Information Commission (CIC) asking the PMO, Gujarat University and Delhi University to file details of Modi’s graduate and post graduate degrees.

Additionally, the Court has also imposed a ₹25,000 fine on Arvind Kejriwal who had asked for details of the PM’s degree certificate.

Exemption from disclosure of information is provided on sec 8 of RTI Act.

Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, —

• information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
• information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
• information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
• information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
• information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
• information received in confidence from foreign government
• information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
• information which would impede the process of investigation or apprehension or prosecution of offenders;
• cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
• information which relates to personal information the disclosure of which has not relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

CIC

• The Chief Information Commissioner(CIC) and Information Commissioners(CI) shall be appointed by the President on the recommendation of a committee consisting of
  • The Prime Minister, who shall be the Chairperson of the committee.
  • The Leader of Opposition in the Lok Sabha.
  • A Union Cabinet Minister to be nominated by the Prime Minister.
• Section 12(5) of the RTI Act 2005 provides that the CIC and IC shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
• Also, CIC/IC shall not be a MP or MLA, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
• CIC shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment
• Information Commissioner(IC) shall also hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment of IC. However, IC is eligible for appointment as CIC
• Where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.