CIC on Immunity power of L-G
The Central Information Commission (CIC) has directed the L-G of Delhi and Union Home Ministry to disclose the report on the basis of which Delhi Assembly was dissolved in November 2014, saying the Lieutenant Governor does not enjoy immunity from disclosing such reports.
- According to CIC, the office of L-G cannot claim immunity given under Article 163(3), which says that “the question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court”.
- The commission notes that Article 163(3) of the Constitution does not apply to Union Territory of Delhi, which could be invoked only in case of a full fledged and not to the UT with assembly like Delhi.
- The commission also says there is no mention of any provision like protecting the advice given to L-G as available under Article 74(2) (regarding President) and Article 163(3) (regarding Governors). Besides, Article 163(3) applies specifically to the ‘advice of a Council of Ministers to the Governor.’ The information sought here is a report sent by the UT Administrator to Union Government or President.
- According to the CIC, even in those cases where Article 163(3) applies, there is no immunity from disclosure.
Background:
There is no bar against citizen from having a copy of the advice/report of LG to Union government. The Supreme Court has clarified in a landmark case S R Bommai case that the material forming basis of advice given to Governor could be subject matter of judicial review, which clearly means information could be disclosed.
