APPLYING THE LAW

Handling Appeals: Role of the Courts

According to Section 19(7) of the Central Act, the decision of an Information Commission is binding on all parties. Section 23 of the Central Act then goes on to prohibit the Courts from entertaining any suit, application or other proceeding in respect of an order made under the Act.

Nevertheless, it must be remembered that the Central Act gives effect to a fundamental right of citizens under the Indian Constitution. According to the Constitution, the High Courts (Art. 224) and the Supreme Court (Art. 32) have the power to look into any matter relating to the fundamental rights of citizens. As such, the provision barring the courts from looking into a case where a citizen claims that the right to information has been violated - under the Central Act - is arguably invalid.

In practice, this means that despite s.23 of the Central Act, any citizen still has the right to approach the High Court or the Supreme Court if he/she is not satisfied with the decision of one of the Information Commissions.