RTI ACT
S Viswanatha Rao
(Querist) 27 November 2010
This query is : Resolved
The Provisions of Section 22 of RTI Act 2005 (Central Act No 22 of) has over riding effect visa-vis other laws in force Kindly enumerate whether the Indian Constitutional Articles/Provisions have over-riding effect to that of provisions of RTI due to the fact that section 21 of Act no suit lies Also indicate whether an RTI applicant can remit application fee through Money Order/E-Money order and so any notifications/orders issued by the nodal ministry
Thanks and good day
S Viswanatha Rai
Raj Kumar Makkad
(Expert) 27 November 2010
No any Act or Law is above the constitution of India. The relevant provision of RTI Act means this act shall over ride similar type of other acts.
Application can be sent by any mode including told by you.
R.Ramachandran
(Expert) 28 November 2010
Constitution is the Grundnorm of our country. All other Acts are subordinate to the Constitution.
Normally the RTI Application fee is sought to be remitted through Indian Postal Order. That is the most easiest method of paying the application Fee.
If you send the MO or eMO it will throw up some administrative difficulties in that (i) first you have to correctly write the name of the payee - this itself may go wrong in many cases (ii) if the payee is not available in office when the postman visits it will not be delivered because no one else would have been authorised by the payee since he never expects any money order in his name (iii) even if everything clicks, then there may be problem in linking up the fee received through MO/eMO and the RTI application concerned.
Therefore, please adopt the remittance by means of IPO.
Advocate. Arunagiri
(Expert) 29 November 2010
s.21 of the RTI act protects the applicant and the PIO.
S.22 is overriding any law which acts which prevents the Public authority from disclosing the information.
Indian constitution is supreme.
