Here are some notes on the overriding effect of the Right to Information Act, 2005 (RTI Act) in detail:
- Section 22 of the RTI Act provides that the provisions of the Act shall have overriding effect over any other law for the time being in force.
- This means that the RTI Act takes precedence over any other law, even if the other law is specifically enacted to prevent disclosure of information.
This overriding effect is intended to ensure that the right to information is not compromised by any other law.
Here are some of the important things to keep in mind about the overriding effect of the RTI Act:
- The overriding effect applies to all laws, including those that are specifically enacted to prevent disclosure of information.
- The overriding effect applies even if the other law is later in time than the RTI Act.
- The overriding effect can only be overridden by a law that is specifically enacted to amend the RTI Act.
If you believe that a law is inconsistent with the RTI Act, you can challenge the law in court. The court will determine whether the law is inconsistent with the RTI Act and, if it finds that it is, the court can strike down the law.