Section 8(1)(h) of the RTI Act : Public authority is not under obligation to furnish information that would impede the process of investigation or apprehension or prosecution of offenders. * Definition of ‘investigation" under CrPC can be applicable for RTI Act also. It would mean all actions of law enforcement, disciplinary proceedings, enquiries, adjudications and so on. * When the investigation is in progress, be information which needs to be protected, such as witnesses’ identities, circumstances being put together against a suspect, etc. cannot be disclosed. CASE LAWS : 1. In B.S. MATHUR V. PUBLIC INFORMATION OFFICER OF DELHI HIGH COURT, the High Court of Delhi has held that mere pendency of an investigation or inquiry is by itself not a sufficient justification for withholding information. It must be shown that the disclosure of the information sought would impede or even on alesser threshold, hamper or interfere with the investigation 2. In SARVESH KAUSHAL V. FOOD CORPORATION OF INDIA AND OTHERS, the Central Information Commission has held that documents relating to the departmental enquiry are exempted from disclosure pending departmental enquiry by virtue of Section 8(1)(h) of the RTI Act. UPSC Law Optio « PY UPSC Law optional m...information. * Meaning of LIFE under Article 21 is given an expansive and liberal construction such as to include, the right to live with dignity, right to shelter, right to basic needs and even the right to reputation. This meaning is applicable for section 8(1)(g) the RTI Act. « ‘PHYSICAL SAFETY’ means the likelihood of assault to physical existence of a person. * Information putting an individual's safety or liberty at risk, e.g., the identity of people who blow the whistle on corruption inside their organization should be protected, because otherwise they may be targeted for discrimination or even violence. CASE LAWS: 1. In CENTRAL BOARD OF SECONDARY EDUCATION AND ANR. V. ADITYA BANDOPADHYAY AND ORS, the Hon'ble Supreme Court has held that access to evaluated copies can be allowed only to the extent of answer-book which does not contain any information or signature or initials of the examiners/coordinators/ scrutinizers/head examiners disclosing their identity. 2. In BIHAR PUBLIC SERVICE COMMISSION V.SAIYED HUSSAIN ABBAS RIZWI, marks obtained by the a person can be disclosed but the disclosure of individual names and marks they awarded would be hardly hold relevancy either to the concept of transparency or for proper exercise of the right to information within the limitation of the Act. Section 8(1)(h) of the RTI Act : Public authority is not under obligation to furnish information thatSection 8(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 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 Section 24 read with Schedule 2 contains the 22 organizations names of the Intelligence and Security organizations which are exempt from the purview of the Act. However, these agencies do not enjoy absolute immunity. These agencies have to provide information regarding any allegation of corruption or act of human right violation sought by citizens. Discuss the rationale of exemption to disclosure of information endangering life and the information regarding criminal trial and criminal investigation provided under the Right to Information Act, 2005 in the light of decided cases. UPSC 2020. Section 8(1)(g) of the RTI Act :|f the disclosure person or identify the source of information or assistance given in confidence for law enforcement or security purposes, then public authority is exempted from disclosure of such information. + Meaning of LIFE under Article 21 is given an expansive and liberal construction such as to include, the right to live with dignity, right to shelter, right to basic needs and even the right to reputation. This meaning is applicable for section 8(1)(g) the RTI Act. -— ‘DUverrsA! GAECETY eanene thon ThaliSection 8(1) lists all of the exemptions: (a) information, disclosure of which would prejudicially affect the security, sovereignty and. integrity of India; (b) information which may constitute contempt of court, (c) information that would cause a breach of privilege of Parliament or the State Legislature; (d) information including commercial confidence,_ trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; (e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; (f) information received in confidence from foreign. government; (g) information, the disclosure of which would (h) information which would impede the process of investigation or apprehension or prosecution of offenders; which come under the specified exemptions; (j) information which relates to personal information the disclosure of which has not relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy. Section 8(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with™ LAW XPERTS. Exemptions under Right to Inform Ket AMABapp - 6382125862 Contents of the Blog -Section 4 of RTI Act -2017 UPSC Law Optional Question on RTI “Notwithstanding transparency of governance, certain information’s have been exempted from disclosure under the rights to information Act, 2005.” Discuss the relevant provisions and limitations on disclosure of information. UPSC 2017. Right to information under RTI Act 2005 is not absolute, it can be legitimately restricted in exceptional circumstances. In the case of Rakesh Sanghi v. International Advanced Centre for Powder Metallurgy & New Materials, Hyderabad,wherein the ClC held that the citizen's right to seek information is not absolute butis conditioned by the Government's. tight to invoke exemptions, wherever such exemption applicable. CIC noted that no canon of transparency or public interest would justify that Research and technological Institutions part with their research data or vital information without expecting to benefit tangibly or intangibly from such exchange/disclosure. Section 8 and 9 of the Act enumerate the categories of information which are exempt from disclosure.standard books because our AIR 5 Mr. Jeydev has proved it. ( We do cover standard books and current affairs do not worry ) Apart from standard books kindly do cover current affairs from - The Hindu , PRS, PIB etc because its the trigger for UPSC questions. Check your knowledge always by answering previous year UPSC questions ( if interested can join UPSC PREVIOUS YEAR LAW OPTIONAL WRITING PRACTISE conducted by Lawxpertsmv } Next Series : How to take notes for International Law will be posted on 17th Jan 2020 Check out our free video lectures Video unavailable This video is no longer available because the YouTube account associated with) i video has been closed — areas)STANDARD BOOKS FOR CONSTITUTIONAL LAW 1. Indian Constitutional Law by M.P Jain - Very important book - skipping this book will definitely have adverse impact on your UPSC Law Optional performance. Major trouble aspirants face with this book is being voluminous, but one must know great works are like this. 2. Indian Constitutional Law by J.N Pandey - This book can be used if not able to cope up with M.P Jain, J.N Pandey is also a good book to read and understand concepts but under both these books one must know what not to read. Reading unwanted stuff will drain your precious preparation time, energy and confuse you while writing actual mains paper, yes ! obviously your retention capacity will be diminished. 3. Constitutional Law by V.N Shukla - Great book, it has good concepts dealt in easy way but sometimes this book will not be enough to cover areas what UPSC is keen to ask. Update for lawxperts notes subscribers : You can 100 % rely on lawxperts notes without other standard books because our AIR 5 Mr. Jeydev has proved it. ( We do cover standard books and current affairs do not worry) Apart from standard books kindly do cover current affairs from - The Hindu , PRS, PIB etc because its the trigger for UPSC questions. Check your knowledge always by answering previous year UPSC questions ( If interested canStep 4: Try adding recent issues in just a single line Example 1: When taking notes on right to protest/ strike mention " Famers protest 2020" - Click here for notes on Farmer's protest Example 2: When making notes on right to privacy under Article 21 mention " Data protection bill 2019" - Click here for not Data Prot 2019 Example 3: When making notes on fundamental right to religion mention " Issues of love jihad "- lick here for ni n Love Jihi Current affairs are most important for constitutional law thus always leave some space under each topic to update them when required. Step 5: At the end of each concept mention the legal provisions or concepts to which the topic read could be related or linked ( This will help you build a comprehensive answer in final UPSC exam and stand out of the crowd) Example : Taking notes on right to education mention a. Right to education Act b. DPSP related to RTE c. International conventions on children's right to education d. Initiative to pass law to identify children selling products : Click here for more information Step 6: Its not just done now - make sure to give it amonthly revision . STANDARD BOOKS FOR CONSTITUTIONAL LAWLAW XPERTS” Call/Whatsapp - 6382125862 Step 1: Read the parent notes as reading a story book Step 2: While reading make sure to underline ( At this juncture do not try to memorize anything pay attention to understand what you are reading and why you are reading it ) a. Relevant Article b. The key terms c. land marks cases d. Recent cases Important note : Kindly note only land mark case ( case that drastically changed the law ) and recent case law ( landmark recent case law ). Reading too much of case law will definitely confuse and will affect your performance - UPSC is all about doing what is required. Step 3: Rewrite those important concepts only with relevant Article , key terms and mention thé required case law along with it. ( By this you get good retention capacity along with easy mini notes ) - Make sure only you could understand such notes, only then it will be mini notes. Mr. Jeydev has done the same, check on the image given to understand the same, this is where the technique lies. Step 4: Try adding recent issues in just a single lineLAWXPERTSMV Ill ni Aide; Rito. | AicdeSA(@}To | Ace ond mane codons fk, Nation ten Gaara fee | Torovdecetain | Tostenhen and promote hae resitosonthe | th Welretate, eueeol risa otis crete Fafreley Court | Unenforeteby | Uneforeleby Couto flan, Courtefla, | Lan, Ol iC OPTIOI i COURSES | WITH SPECIAL OFFERSLAWXPERTSMV TOC TOT NE canal ee CONSTITUTION Constitution sf Utd Stes FUNDAMEN uy Contac Soi hin) Anes IA iH Constitute of ead. Ae 86-$1 Supe una tise to feeptemaray fom ppresinof trait mnt Fundam ates arent teeth citer hat hey are Coober certain basicaoms le they my te fundamen its coneredn hen by thePatl othe Constution Theres and enol ae tobepuue bye (overeat,aa LAWXPERTSMV Fundamental duty and DPSP : Fundamental duty is duty assigned to citizen, whereas directive principles of state policy is duty assigned to state as a whole. Example : Article 48 A- DPSP imposes duty on state to protect environment Article 51 A (g) imposes duty on individual to protect environment Thus we can say FR, FD and DPSP are single component viewed from different dimension which should be enforced and taken care of with proper balance. AU CT a eTaa LAWXPERTSMV CASE Law| Shyam Narayan Chouksey v. Union of India, it was held that playing of national anthem prior to screening of a cinema is not mandatory. CASE LAW| P. N. Bhargava v. University Grant Commission, it was held that the decision of the University Grants Commission to introduce Vedic Astrology as a part of graduation, post-graduation and PhD courses does not conflict with Art. 51-A (h). INSERTION| Clause (k) was added to article 51A in 2002 along with Art. 21A. Both these articles put an obligation upon the State and parents respectively. The State is concerned with free education, whereas parents are concerned with compulsory. Education. However, Article 51A-(k) does not penalize parents or guardian for failing to send children to school.aa LAWXPERTSMV Then what actually is the practical usage of these duties ? Since some are already enforced, rest serve to be directory. They can be used to interpret ambiguous statue # PA Inamdar V. State of Maharashtra ( 2005 ). This does not stop here they are also used to examine the reasonableness of restrictions # Re Ramlila Maiden Incident (2012) CASE LAW| Bijoe Emmanual v. State of Kerala: The article 51A(a) provides that every Indian citizen should show respect to national anthem, however, so far, no law has been made obliging anyone to sing the anthem so a person shows no disrespect to the National Anthem if he stands up respectfully when the National Anthem is sung but does not join in the singing. CASE Law| Shyam Narayan Chouksey v. Union of India, it was held that playing of national anthem prior to screening of a tinama ic nnt mandatoryaa LAWXPERTSMV ENFORCEABILITY | Some of the duties are enforced by law like activities that disrupt sovereignty and integrity of India are punishable . 31C also enables legislature to make laws for implementing fundamental duties Some duties are vague and are mere ideas which cannot be enforced example : 51 A (b) to cherish and follow the noble ideals which inspired our national struggle for freedom Then what actually is the practical usage of these duties ? Since some are already enforced, rest serve to be directory. They can be used to interpret ambiguous statue # PA Inamdar V. State of Maharashtra ( 2005 ). This does not stop here they are also used to examine the reasonableness of restrictions # Re