The rules framed by the Jharkhand High Court is violative of RTI Act
The rule framed by the Jharkhand High Court is violative of right to life as it demands photo of the applicant and purpose of information and seeks declaration for nor wrong use. Such rules are ultra vires the RTI Act that is Section 28 of the Act. In fact such rules are parliamentary legislation which is transgression of legislative power of the Parliament. There are so many obstacles in implementation of the Act. The Allahabad High Court and Uttar Pradesh legislative Assembly prescribe Rs 500/- an application fee which is also ultra vires and violative of Directive Principles of State Policy of the Constitution. Even the Bihar Government has made a complete new law in 2009 under the rule making power. The 2009 Amendment in rules is/are a new legislation which is very draconian. Bihar is the first state which has murdered the RTI Act. The Governors of the states have not made the rules and even the President has made the rules but it confined to the President Secretariat. Kindly read Section 28 with Section 2 (e) of the Act. Only rules framed by the President and the Governor are applicable to the respective constitutional authority at the Centre/State. But none is ready hear my submission. Even Jammu and Kashmir despite being covered under the term "under the control of public authority" in case information kept by state public authority but not providing information in case of direction of Election Commission of India. This Act is already amenable to the Central Institutions situated in J&K.
Analysis of the high court rules is available at - http://www.rtifoundationofindia.com/who-would-teach-law-high-courts-country-3313#.UpMkj8SnrpU
Email id: sahbindeswar@gmail