The Supreme Court (SC) on Wednesday while hearing a petition challenging the constitutionality of certain clauses of the Madhya Pradesh Legislative Assembly Secretariat Right to Information (Procedure, Fees and Regulation of Cost) Rules 2010, issued notices to the respondents, which are- Union of India through secretary Department of Personnel and Training, state of Madhya Pradesh through principal secretary Madhya Pradesh Legislative Assembly and the Speaker Madhya Pradesh legislative assembly.
The petitioner, Ajay Dubey, had gone in appeal against an order of the Madhya Pradesh High Court, which refused to interfere and find fault with the impugned rules. Pallav Mongia, counsel for Ajay Dubey, argued that the rules under challenge are in effect antithetical to the scheme of the Right to Information Act, 2005 and thus ultra vires the Act.
The specific clauses under challenge were Clause (2)(4)(5)(6) and (8) of Rule 4, Clause (1) of Rule 6 and paragraph no.6 of FORM IV of the impugned rules. According to the petitioner, the above clauses import restrictions on the right to information of the citizen, which were not envisaged under the Right to Information Act thus and, thus, go beyond the Act.