February 22, 2010 7:47 PM

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Cabinet’s advice to Prez can be disclosed under RTI: CIC

The Central Information Commission held on Monday that the advice tendered by the Union Cabinet to the President in any matter can be disclosed under the Right to Information Act. Chief Information Commissioner Wajahat Habibullah quoting a Supreme Court ruling said Article 74(2) of the Indian Constitution implies that such advice cannot be inquired into by any court, but added that it does not mean that the nature of this advice cannot be disclosed. He also directed the President's Secretariat to allow inspection of files pertaining to communication between former President Shanker Dayal Sharma and former Prime Minister Narasimha Rao on the issue of extending SC status of convert Christians of dalit origin.<br/><br/> An RTI applicant Franklin Ceasar Thomas had sought details of action taken by the then President Shankar Dayal Sharma on the ordinance for granting scheduled caste status to convert Christians of enumerated castes. The President's Secretariat refused to grant access to the files saying the then President had not given assent to the ordinance and that as the issue involves previledged correspondence with the President and the Prime Minister the same has been denied as per provisions of the RTI Act. <br/><br/>

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