Friday, October 16, 2020

 The Right to Information Act and the Official Secrets Act 1923 .


Prior to the advent of the RTI Act 2005, the colonial Official Secrets Act 1923 (OSA) remained as the iron curtain to totally block any transparency in Governmental functions. The administrative hierarchy was using the OSA, indiscriminately, to simply deny any access to public regarding information pertaining to government's activities, expenditures and actions impacting public and its own employees. The RTI Act 2005 has brought a sea- change by indirectly striking a death knell to the  OSA.

 The section 22 of the RTI Act  has a specific enabling provision that 

" the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act 1923 and any other law for the time being in force..."

Though the OSA is not repealed as it is, the section 22 of the RTI Act means that any provision in OSA or any other law in force that is inconsistent with the provisions of the RTI Act, could be overridden by the 2005 Act. 

The RTI Act 2005 is a special social legislation, a complete code in itself, brought into use for the benefit of the people of this democratic nation. The Act is a strong weapon in the hands of the people of India and it is up to them to effectively put into operation. The much sought after statute, won after long-drawn and consistent battles in several fronts of our society envisages making the state affairs more fair and transparent, most obviously to provide the people their legitimate right to know. 


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