GS-2, Indian Polity, Uncategorized

L-G can’t claim immunity, says CIC

Issue

  • Central Information Commission (CIC) has directed the L-G of Delhi and Union Home Ministry to disclose the report on the basis of which Delhi Assembly was dissolved in November 2014.

L-G cannot claim immunity

  • The information sought here is a report sent by the UT Administrator to Union Government or President.
  • L-G cannot claim immunity given under Article 163(3), which says that “the question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court”.
  • Article 163(3) of the Constitution does not apply to Union Territory of Delhi, which could be invoked only in case of a full fledged and not to the UT with assembly like Delhi.
  • Article 163(3) applies specifically to the ‘advice of a Council of Ministers to the Governor.
  • Even in those cases where Article 163(3) applies, there is no immunity from disclosure.
  • There is no bar against citizen from having a copy of the advice/report of LG to Union government CIC has directed  the office of LG and the Home Ministry, to provide certified copies of report along with all other papers sent by LG to the Union Government, within 30 days from the date of receipt of this order.

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