Section 22 RTI Act: Act to have overriding effect

Right to Information Act, 2005

Section 22 RTI Act at a Glance

Section 22 RTI Act gives the RTI Act overriding effect over anything inconsistent in the Official Secrets Act, 1923, any other law in force, or any legal instrument having effect under another law.

Section 22 RTI Act Bare Act Text

22. Act to have overriding effect.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 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.

Section 22 RTI Act in Simple Words

Section 22 RTI Act gives the provisions of the Right to Information Act, 2005 overriding effect, meaning the RTI Act prevails whenever another law or legal instrument conflicts with the RTI Act. If a rule outside the RTI Act is inconsistent with what the RTI Act provides, the provisions of the RTI Act still take effect.

Section 22 RTI Act expressly names the Official Secrets Act, 1923 (19 of 1923) as a law whose inconsistent provisions yield to the RTI Act. Beyond that statute, Section 22 RTI Act also overrides anything inconsistent contained in any other law for the time being in force, as well as in any instrument having effect by virtue of any law other than the RTI Act (meaning a legal order, regulation, or document that draws its legal force from another law).

The override in Section 22 RTI Act applies only where an inconsistency exists with the provisions of the RTI Act. Because Section 22 RTI Act gives effect to the RTI Act as a whole, disclosure remains governed by the RTI Act's own rules and exemptions, including the exemptions listed in Section 8 RTI Act.

When Section 22 RTI Act Applies

  • A provision of the Official Secrets Act, 1923, another law in force, or an instrument having effect by virtue of a law other than the RTI Act applies to the matter.
  • That provision or instrument contains something inconsistent with the provisions of the RTI Act.
  • The provisions of the RTI Act take effect despite that inconsistency.

Example of Section 22 RTI Act

Nasreen files a written request under Section 6 RTI Act with a public authority in Hubballi seeking copies of completed public contract records that are not exempt under Section 8 RTI Act. Biju, the Public Information Officer, points to a departmental regulation having effect under another state law that bars staff from sharing contract files with citizens, creating a conflict with the duty to provide information under Section 7 RTI Act. Under Section 22 RTI Act, the provisions of the RTI Act take effect despite the inconsistent bar in that instrument. The public authority cannot rely on that inconsistent regulation to refuse disclosure under the RTI Act.

When Section 22 RTI Act Does Not Apply

  • Where a provision in the Official Secrets Act, 1923, another law in force, or a legal instrument is not inconsistent with the provisions of the RTI Act.
  • Instruments having effect under the RTI Act itself, since the clause on instruments covers only an instrument having effect by virtue of any law other than the RTI Act.

FAQs on Section 22 RTI Act

What is Section 22 RTI Act?▼

Section 22 RTI Act gives the provisions of the Right to Information Act, 2005 overriding effect over conflicting rules outside the Act. The RTI Act takes effect despite anything inconsistent in the Official Secrets Act, 1923, any other law in force, or any instrument having effect under another law.

Does the RTI Act prevail over inconsistent provisions of the Official Secrets Act, 1923?▼

Yes. Section 22 RTI Act expressly states that the provisions of the RTI Act have effect despite anything inconsistent contained in the Official Secrets Act, 1923.

Does Section 22 RTI Act repeal other laws completely?▼

No. Section 22 RTI Act does not repeal other laws, and instead gives effect to the RTI Act only despite anything in another law or instrument that is inconsistent with the RTI Act.

Does Section 22 RTI Act override exemptions inside the RTI Act itself?▼

No. Section 22 RTI Act gives effect to the provisions of the RTI Act over inconsistent outside laws and instruments, while exemptions within the RTI Act, such as Section 8 RTI Act, remain part of the RTI Act.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Right to Information Act, 2005 ·