Official Secrets Act 1923 and RTI

  • Supreme Court has quashed government’s attempt to hide behind Official Secrets Act (OSA) from disclosing information regarding Rafale Jet’s pricing under Right to Information.

OSA and RTI

  • SC in its observation remarked that the RTI act has revolutionised governance and overpowered colonial notions of secrecy like OSA.
  • The Section 22 of the RTI Act, which declared the RTI to have an “overriding effect” over OSA.
  • Then Section 24 mandates even security and intelligence organisations to disclose information on corruption and human rights violations.
  • Section 8(2) compels the government to disclose information “if public interest in disclosure outweighs the harm to protected interests.

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