Introduction
The Right to Information Act, 2005 was enacted to promote transparency, accountability, and openness in the functioning of public authorities. To ensure that the objectives of the Act are not defeated by conflicting provisions contained in other laws, Parliament incorporated a special provision known as the overriding effect clause. This provision is contained in Section 22 of the RTI Act.
Section 22 gives the RTI Act a superior legal status over other laws that may restrict or prohibit disclosure of information. It ensures that citizens can exercise their right to information without being obstructed by inconsistent provisions contained in other statutes.
Section 22 of the RTI Act
Section 22 states:
“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 provision is commonly known as the non-obstante clause because it begins with the phrase “notwithstanding anything inconsistent therewith.”
The purpose of this clause is to ensure that whenever there is a conflict between the RTI Act and another law, the provisions of the RTI Act will prevail.
Meaning of Overriding Effect
The overriding effect means that if any provision of another law is inconsistent with the RTI Act, the RTI Act will take precedence.
In simple terms, a public authority cannot refuse information merely by citing another law if the information is otherwise disclosable under the RTI Act.
The RTI Act therefore operates as a special legislation designed to promote transparency and access to information.
Overriding Effect over the Official Secrets Act, 1923
One of the most significant aspects of Section 22 is that it expressly overrides the Official Secrets Act, 1923.
Before the enactment of the RTI Act, government authorities often relied on the Official Secrets Act to deny access to information.
The RTI Act changed this position by making transparency the general rule and secrecy the exception.
As a result:
- Information cannot be withheld merely because it is classified as confidential.
- Authorities must examine whether the information falls within the exemptions provided under the RTI Act.
- If no exemption under the RTI Act applies, the information should generally be disclosed.
Thus, the RTI Act significantly reduced the scope of blanket secrecy in government administration.
Overriding Effect over Other Laws
The RTI Act also overrides any other law that contains provisions inconsistent with the right to information.
Examples may include provisions relating to:
- Confidentiality of government records.
- Administrative secrecy.
- Departmental regulations restricting disclosure.
- Rules that prohibit sharing of information with the public.
Where such provisions conflict with the RTI Act, the RTI Act will prevail.
This ensures a uniform and consistent framework for access to information throughout the country.
Overriding Effect over Rules, Regulations, and Notifications
Section 22 does not apply only to statutes. It also extends to:
- Government rules.
- Regulations.
- Notifications.
- Administrative orders.
- Instructions and circulars.
If any of these instruments contain provisions inconsistent with the RTI Act, they cannot be used to deny information that is otherwise required to be disclosed under the Act.
Relationship with Exemptions under the RTI Act
The overriding effect of Section 22 does not mean that all information must be disclosed.
Information may still be denied if it falls within the exemptions provided under:
- Section 8 (Exemption from disclosure of information).
- Section 9 (Grounds for rejection involving copyright).
- Section 24 (Exempt organizations).
Therefore, Section 22 overrides conflicting laws but does not override the specific exemptions contained within the RTI Act itself.
Importance of the Overriding Effect
The overriding effect provision is one of the most important features of the RTI Act because it:
- Strengthens the right to information.
- Promotes transparency in governance.
- Reduces unnecessary secrecy.
- Enhances accountability of public authorities.
- Prevents misuse of confidentiality provisions.
- Ensures uniform application of the RTI Act.
Without Section 22, various government departments could continue relying on older secrecy laws to deny information, thereby undermining the purpose of the RTI Act.
Judicial Interpretation
Courts and Information Commissions have consistently recognized the importance of Section 22.
Judicial decisions have emphasized that:
- The RTI Act is a special legislation enacted to promote transparency.
- Section 22 gives the Act overriding effect over conflicting laws.
- Public authorities cannot deny information merely by citing confidentiality provisions contained in other statutes.
- Requests for information must be examined primarily in light of the RTI Act and its exemptions.
The judiciary has therefore played an important role in upholding the supremacy of the RTI Act in matters relating to disclosure of information.
Can the RTI Act Be Overridden?
The overriding effect of the RTI Act can generally be displaced only through:
- An amendment to the RTI Act itself by Parliament; or
- A subsequent law that expressly modifies the RTI framework and clearly indicates legislative intent to override it.
In the absence of such explicit legislative action, the RTI Act continues to prevail over conflicting provisions contained in other laws.
Practical Examples of Overriding Effect
Example 1: Official Secrets Act
A government department cannot refuse information solely on the ground that a document is marked “confidential” under departmental rules or the Official Secrets Act. The request must be examined under the exemptions provided in the RTI Act.
Example 2: Departmental Confidentiality Rules
If a departmental regulation prohibits disclosure of certain records but the information is not exempt under Sections 8 or 9 of the RTI Act, the information may still have to be disclosed.
Example 3: Administrative Instructions
A public authority cannot rely on internal office instructions or circulars to deny information if those instructions are inconsistent with the provisions of the RTI Act.
Significance for Citizens
The overriding effect provision provides strong protection to citizens seeking information.
It ensures that:
- Citizens are not denied information based on outdated secrecy laws.
- Public authorities cannot evade disclosure obligations through internal rules.
- Transparency remains the governing principle of public administration.
- Access to information becomes a meaningful and enforceable right.
This provision has significantly strengthened citizens’ ability to hold public authorities accountable.
Conclusion
Section 22 of the Right to Information Act, 2005 gives the Act an overriding effect over the Official Secrets Act, 1923 and all other inconsistent laws, rules, regulations, notifications, and administrative instructions. This provision ensures that the right to information is not defeated by conflicting legal provisions and establishes transparency as a fundamental principle of governance. By giving supremacy to the RTI Act in matters relating to disclosure of information, Section 22 plays a crucial role in promoting accountability, reducing secrecy, and strengthening democratic governance in India.