Potential Cabinet Papers Yet To Be Brought Before Council Of Ministers Exempted From Disclosure Under RTI Act
Case: Jayachandran v. State of Kerala & Ors.
Coram: Justice Murali Purushothaman
Case No.: WP(C) NO. 18529 OF 2022
Court Observation: “In my considered view, the exemption from disclosure available to cabinet papers referred to in section 8 (1) (i) will equally apply to potential cabinet papers not brought before the Council. Otherwise, by the time a decision is taken to bring a case before the Council and the material based on which decision has to be taken by the Council of Ministers is made public, the purpose for which exemption from disclosure provided in the Act will get defeated.”
“The cases to be brought before the Council of Ministers have been determined under the Rules of Business. The proposals that are placed before the Council of Ministers may be the culmination of a series of steps. It is not for the State Information Commission or for this Court to say whether a matter is to be brought before the Council for decision, the time within which it shall be placed before the Council or on what materials the decision shall be taken.”
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