Section 23 RTI Act: Bar of jurisdiction of courts

Right to Information Act, 2005

Section 23 RTI Act at a Glance

Section 23 RTI Act bars courts from entertaining any suit, application, or other proceeding regarding an order made under the RTI Act. Any order under the RTI Act can be questioned only through an appeal under the Act.

Section 23 RTI Act Bare Act Text

23. Bar of jurisdiction of courts.

No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

Section 23 RTI Act in Simple Words

Section 23 RTI Act bars the jurisdiction of courts over orders passed under the Right to Information Act, 2005, meaning courts cannot accept or hear challenges to those orders. Specifically, no court may entertain any suit, application, or other proceeding in respect of any order made under the RTI Act.

The second part of Section 23 RTI Act sets the exclusive way to challenge an order made under the RTI Act. No such order may be called in question in any manner other than by way of an appeal under the RTI Act.

Under Section 19 RTI Act, the appeal mechanism within the RTI Act consists of two stages: a first appeal to a senior officer within 30 days, and a second appeal to the Central Information Commission or the State Information Commission within 90 days. A person aggrieved by an order made under the RTI Act, such as a decision on a request under Section 7 RTI Act, must use this statutory appeal route rather than filing a suit or application in a court.

When Section 23 RTI Act Applies

  • An order has been made under the RTI Act.
  • No court may entertain any suit, application, or other proceeding in respect of that order.
  • The order cannot be called in question except by way of an appeal under the RTI Act.

Example of Section 23 RTI Act

Tushar files a written request under Section 6 RTI Act with a municipal authority in Amritsar asking for building permit records. Within 30 days under Section 7 RTI Act, the Public Information Officer passes an order rejecting the request by citing an exemption under Section 8 RTI Act. Instead of filing a first appeal to a senior officer within 30 days under Section 19 RTI Act, Tushar files a civil suit in a court in Amritsar asking the court to set aside the rejection order. Under Section 23 RTI Act, the court cannot entertain the suit, and Tushar can question the order only through an appeal under the RTI Act.

When Section 23 RTI Act Does Not Apply

  • Appeals filed under the RTI Act itself, such as a first appeal or second appeal under Section 19 RTI Act, since Section 23 RTI Act permits questioning an order by way of an appeal under the Act.
  • Suits, applications, or proceedings that are not in respect of an order made under the RTI Act.
  • Writ petitions to a High Court under Article 226 or to the Supreme Court under Article 32 of the Constitution, since a statute cannot take away that constitutional jurisdiction.

FAQs on Section 23 RTI Act

What is Section 23 RTI Act?▼

Section 23 RTI Act bars courts from entertaining any suit, application, or other proceeding in respect of an order made under the Right to Information Act, 2005. It also states that no such order may be called in question except by way of an appeal under the RTI Act.

Can a person file a civil suit in a court to challenge an order made under the RTI Act?▼

No. Section 23 RTI Act bars courts from entertaining any suit, application, or other proceeding in respect of an order made under the RTI Act.

How can an order made under the RTI Act be challenged according to Section 23 RTI Act?▼

Only by way of an appeal under the RTI Act. Under Section 19 RTI Act, a first appeal lies to a senior officer within 30 days, and a second appeal lies to the Central or State Information Commission within 90 days.

Does Section 23 RTI Act bar applications as well as civil suits in courts?▼

Yes. Section 23 RTI Act covers any suit, application, or other proceeding in a court in respect of an order made under the RTI Act.

Does Section 23 RTI Act stop a writ petition to a High Court?▼

No. Section 23 RTI Act bars suits, applications and other proceedings in courts, but an Act of Parliament cannot take away the writ jurisdiction of the High Courts under Article 226 or of the Supreme Court under Article 32 of the Constitution. Decisions of the Information Commissions are challenged by writ petition.

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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 ·