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Attorney General is a public authority under the RTI Act, 2005: High Court of Delhi

Justice Vibhu Bakhru pointed out that the functions of AG are also in the nature of public functions and as required by Article 76(2) of the Constitution of India. It is a public authority within the meaning of section 2(heart) of the RTI Act.

Mar 11, 2015 12:12 IST
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High Court (HC) of Delhi on 10 March 2015 held that the office of the Attorney General of India falls under the ambit of the Right to Information (RTI) Act, 2005. The court said that the Attorney General is not merely a lawyer for the government, but also is a Constitutional Authority.

Justice Vibhu Bakhru headed bench of Delhi HC while reversing the decision of the Central Information Commission (CIC) held that the office of Attorney General (AG) is a public authority within the meaning of section 2(h) of the RTI Act. This is because functions performed by the AG under Article 76 (2) of the Constitution of India are in the nature of public functions.


The judgment was made by High Court while hearing two separate plea filed by RTI activists Subhash Chandra Agarwal and RK Jain. The two RTI activists had challenged the CIC ruling and urged the court to declare AG office answerable to RTI Act.

Allowing their plea, HC also directed the AG to reconsider the RTI application of RK Jain, whose plea for information was denied on basis of the CIC order that the office of AGI is not a public authority.

Earlier in December 2012, a full bench of CIC had ruled that the AG is only a person and can’t be considered an authority under the RTI Act.

 

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