RTI RULES OF HIGH COURTS

1
RTI RULES OF HIGH COURTS SUPREME COURT OF INDIA
2

• Act applicable to all 21 High Courts barring the
  High Court of Jammu Kashmir.
• 4 High Courts have not yet framed rules to
  implement the RTI Act.

3

• Analysis of the rules framed by the High
  Courts structured under 3 broad categories
• 1. Violation of law
• 2. Going beyond the purview of the law
• 3. Miscellaneous

4
1. Violation of law

• Denial of information - High Courts of Karnataka,
  Chhattisgarh, Delhi, Gujarat, Punjab Haryana
  have provisions that seek to exempt info. from
  the public over above the exemptions specified
  in the law.
• Penalty High Court rules for Delhi, Kolkatta,
  Gujarat specify a much lower quantum of penalty
  one that is impossible by the first appellate
  authority.

5
2. Going beyond the purview of the law

• High Courts of Patna, Punjab Haryana, Gujarat,
  Delhi, Himachal Pradesh have framed rules that
  any application for info that is either outside
  the jurisdiction of the PIO or the contents of
  which can be obtained under High Court rules or
  other General rules operational in a High Court
  shall be rejected.

6
3. Miscellaneous

• Quantum of fees -
• - Exorbitant fees imposed by many High Courts.
• Some prescribed appeal fees.
• RTI Act does not have any provisions of prior
  payment
• therefore it goes beyond the purview of the
  RTI Act.
• Mode of Payment
• Different modes of payment for different
  places causes a problem.
• Eg In whose favour should the cheque/ DD/
  IPO be made?

7
CONCLUSION

• When the custodian of power is influenced in
  its exercise by considerations outside those for
  promotion of which the power is vested the court
  calls it a colorable exercise and it is
  undeceived by illusion.