Central Information Commission
D C Gupta vs National Archives Of India on 31 July, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
CIC/NAIND/A/2017/184641
D C Gupta v. PIO, National Archives of India
Order Sheet: RTI filed on 29.03.2017, CPIO replied on 31.05.2017, FAO on 08.08.2017,
Second appeal filed on 16.12.2017, Hearing on 20.04.2018;
Proceedings on 20.04.2018: Appellant present from NIC Patiala, Public Authority
represented by Mr. Jayaprabha Ravindran, Asst. Director and CPIO and Mr. Udey Shankar at
CIC;
Date of Decision-30.07.2018: Disposed of.
ORDER
FACTS:
1. The appellant sought copy of the transfer of power agreement entered with British Government at the time of independence of India. On 06.04.2017 Mr. Parveen Kumar, US & CPIO, Prime Minister's Office transferred the RTI application to Home Secretary, Ministry of Home Affairs. On 10.04.2017, Mr. V.K. Rajan, Dy. Secretary (E) & CPIO, Ministry of Home Affairs again transferred the RTI application to Nodal Public Information Officer, National Archives of India on the ground that the matter is closely connected with the functions of National Archives of India. On 31.05.2017, Smt. Jayaprabha Ravindran, Asst. Director and CPIO intimated the appellant to inspect files on any working day between 9:30 am to 5:30 pm and also took reliance on a decision of this Commission vide file no CIC/BS/A/2013/00081/SH decided on 11.03.2014, which was held as under:
"10...we do not see any ground to interfere with the decision of the Respondents advising the appellant to search their records to obtain the requisite information, in terms of the Public Records Act, 1993 and the Public Records Rules, 1997. We would advise the Public Authority to help the appellant in narrowing down his search as much as possible, in the light of the details provided by him regarding the information which he needs, if and when, he taken recourse to consulting the records of the respondent, in terms of the prescribed statutory mechanism."
CIC/NAIND/A/2017/184641 Page 1 2. Further, the CPIO also demarcated the appellant to visit
www.abhilekh-patal.in for further information. Appellant filed first appeal on the ground that no information has been supplied. The FAA on 08.08.2017 upheld the decision of the CPIO and also directed the CPIO to provide a copy of Indian Independence Act, 1947 upon receiving the requisite fee. Being dissatisfied, the appellant approached this Commission.
Decision :
2. The appellant in his written representation submitted as under:
"I filed RTI application on 29-03-2017 with Public Information Officer, Prime Minister's Office, New Delhi seeking copy of the Transfer of Power Agreement entered with British Government at the time of Independence of the Nation. My application was transferred to Ministry of Home Affair, North Block, New Delhi by the Public Information Officer which was further transferred to National Archives of India, Janpath, New Delhi. After a lot of correspondence and appeal with First Appellate Authority, I was provided copy of the India Independence Act that too after I deposited a sum of Rs. 34/- which was against the provisions of Section 7(6) of the RTI Act, 2005.
In social media it was being spread that India did not get independence on 15th August, 1947 but India is on lease for 99 years. Further it is being circulated that our Constitution is still under British Government and our Parliament has no powers to amend Article 366, 371, 272 and 395 and so on. Being a true patriotic Indian I do not believe what is being spread in social media. With a view to put an end to the speculations that all the above conditions are stipulated in the Transfer of Power Agreement entered with the British Government at the time of the Independence of the Nation I asked for the copy of the Transfer of Power Agreement through RTI. Instead of providing the copy of the Transfer of Power Agreement or categorical denial of the fact that such an agreement does not exist, the copy of the India Independence Act has been sent to me after numerous correspondence of more than one year.
I have explained all the above facts on 20-04-2018 at the time of hearing through video conferencing and I was directed by the Hon'ble Information Commissioner to send a copy of the whatsapp messages being circulated in social media".
3. The subject matter of this RTI request and second appeal are totally and satisfactorily covered by the Indian Independence Act 1947. The important provisions of Indian Independence Act, 1947 are:
• Partition of the British India into two new and fully sovereign dominions- India and Pakistan with effect from 15th August 1947;
CIC/NAIND/A/2017/184641 Page 2 • The British suzerainty over the princely states would be terminated from August 15, 1947;
• Abolishing the use of title "Emperor of India" by the British monarch and the complete legislative authority would be conferred in the hands of the Constituent Assemblies of the two new countries;
• It also stated that the British would cease to have any control at all in any affairs of India from August 14, 1947, onwards.
4. Article 147 of Indian Constitution says:
Article 147. Interpretation.--In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder.
5. Indian Independence Act and Govt of India Act 1935 are British legislations, by which they declared India Independent. In last article i.e., Article 395, the Constitution of India repealed The Indian Independence Act 1947, and Government of India Act, 1935.
Article 395: Repeals-The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactment s amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed.
6. The Constitution of India is undoubtedly the fountainhead from which all our laws derive their authority and force. This RTI application is based on irresponsible and unverified postings on social media including WhatsApp, which the applicant himself relied upon. Believing that India is on 99 year lease granted by British is foolish but it indicates the total lack of awareness of about our own history and the vibrant document "the Constitution of India". It is sad that most of the citizens are not aware of the basics of our Constitution. Some of them are reeling under slavish belief that we are on 99 year lease from British Government. It also shows our people do not even know about the struggle and sacrifices of previous genre of leaders for CIC/NAIND/A/2017/184641 Page 3 independence. They should know that our country is "Sovereign, Socialist, Secular, Democratic, Republic." The Commission directs the respondent authority to send the applicant a copy of the Indian Independence Act, 1947 and text of Preamble and Article 395 of Indian Constitution. Disposed of.
SD/-
(M. Sridhar Acharyulu)
Central Information Commissioner
CIC/NAIND/A/2017/184641 Page 4