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RTI vs Official Secrets Act

Hi,

I had a doubt, in case of clash between RTI Act and Official Secrets Act, which would prevail?

Section 8(2) of the RTI Act says that

Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

So this sub-section implies that public interest will be considered .

Whereas section 22 of RTI Act states that

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

This implies that RTI Act prevails in case of inconsistency with OSA.

Kindly enlighten!

Comments

  • Yes RTI act will prevail over OSA. OSA repeal also was recommended by 2nd ARC. But it has not been done till now.
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