Information regarding punishment for breach of oath under Constitution

Background

The appellant sought information regarding the oath administered under the Constitution of India and the punishment for breaching the oath. The Public Information Office (PIO) provided part information stating that the oath of office and secrecy was administered to the members of the Union Council of Ministers in terms of Article 75(4) of the Constitution of India and that the exact wording of the oath could be found in the Third Schedule of the Constitution. The PIO denied the rest of the information stating that the appellant had not clarified the 'positions' about which he had sought the information. The Appellate Authority (FAA) endorsed the PIO’s reply stating that the appellant demanded interpretation of laws, rules and orders and it did not fall within the purview of the RTI Act.

View of CIC

The Central Information Commission (CIC) rejected the appeal observing that the appellant had sought foe the opinion and the PIO cannot be expected to provide any such opinion on his own.

Comments

Seeking the opinion of the PIO about the likely consequence of the violation of oath by those who had taken it or any similar hypothetical question is beyond the scope of the RTI Act. 

Citation: Shri Santosh Kumar Mehrotra v. Cabinet Secretariat File No.CIC/SM/A/2011/001356