‘Bar Council comes under RTI Act’

In a major reprieve to RTI applicants and long awaited clarity needed on the scope of RTI Act, 2005, the state chief information commission (SCIC) has ruled that the bar council is a ‘public authority’ and hence will come under RTI Act.

The decision comes after an already floating contrary order by state information commissioner (Mumbai) stating the bar council is not a public authority. The bar council after getting to know of the said order had refused to entertain any RTI application or appeal stating that it was not even financed by the government. The recent order by SCIC was given on July 31, Dr. Suresh Joshi.

The order reads, “The preamble of the Advocates Act 1961, under which the council is created, itself is clear that bar council is constituted by law made by parliament.” It further states “....A closer look of the definition of ‘public authority’ reveals that public authority is either, established or constituted under the constitution or Parliament or state legislature or order by appropriate government. A public authority does not have to satisfy all the requirements or get financial aid from government.”

Talking to DNA, Dr Suresh Joshi said, “There is clarity on it now after much deliberations and since the Bar Council of Maharashtra and Goa constituted by law made by Parliament, it is a public authority. The decision is taken after discussion and opinions from the expert and even Ramanand Tiwari has reflected this in another hearing that had come to him.”