NEW DELHI:
The correspondence exchanged between the Prime Minister and the President on Padma Awards should be made public, the Central Information Commission has held rejecting the PMO's claim that such information cannot be given because of constitutional provisions.
The Prime Minister's Office had refused to disclose the correspondence saying it is "privileged communication" under the provisions of Article 74 (2) of the Constitution and is not to be disclosed.
The article says "advice tendered by ministers to President shall not be inquired into by any court".
Applicant S C Agrawal had sought the copy of the letter written in 2004 by the then President A P J Abdul Kalam to the then Prime Minister Atal Bihari Vajpayee on Padma Awards, action taken by the PMO and communication exchanged on the topic.
Failing to get a reply from the PMO, he had approached the Central Information Commission with the plea seeking disclosure of the information.
Ordering disclosure of the communication on Padma Awards, the commission ruled that the information which has been withheld is "well outside any application of Constitutional privilege under Article 74(2)".
It, however, exempted the disclosure of action taken by the PMO on the letter from the President giving it "benefit of doubt".
The PMO, in its submissions before the commission, had said the non-obstante clause contained in Section 22 of the Right to Information Act stipulates only that the Act would have overriding effect in respect of any other law.
"However, the Constitution is the basic law and such a non-obstante clause does not override the Constitution," it said.
"Respondents (PMO) do not need to labour the point as to whether in applying section 22 of the RTI Act, the RTI Act can be deemed to override the Constitution itself. This is obviously an absurd supposition," Chief Information Commissioner Wajahat Habibullah said.
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