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RTI Act and OCA

  • Between the RTI Act and OSA, RTI Act has its primacy.
  • Section 22 of the RTI Act provides for its primacy vis-a-vis provisions of other laws, including OSA.
  • This gives the RTI Act an overriding effect, notwithstanding anything inconsistent with the provisions of OSA.
  • So if there is any inconsistency in OSA with regard to furnishing of information, it will be superseded by the RTI Act.
  • However, under Sections 8 and 9 of the RTI Act, the government can refuse information. Effectively, if government classifies a document as “secret” under OSA Clause 6, that document can be kept outside the ambit of the RTI Act, and the government can invoke Sections 8 or 9. (Legal experts see this as a loophole)
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