discharge of constitutional duties which, if
disclosed, may cause breach of parliamentary privilege and hence was
exempted from disclosure under section ... Sabha
Secretariat are administrative in nature and not concerned with
parliamentary privileges and that on an earlier occasion the CPIO has
submitted similar information
discharge of constitutional duties which, if
disclosed, may cause breach of parliamentary privilege and hence was
exempted from disclosure under section ... Sabha
Secretariat are administrative in nature and not concerned with
parliamentary privileges and that on an earlier occasion the CPIO has
submitted similar information
under RTI Act, 2005 and thus accountable & answerable.
Claim of Parliamentary Privilege
18. Information sought was denied on the ground of Section ... neither executive privilege nor legislative privilege and i) there
is nothing to show that disclosure would case breach of parliamentary privilege.
44. The Commission directs
Supreme Court decisions in the above-referred cases is that parliamentary
privilege serves a distinct purpose and is to be exercised to safeguard the
integrity ... functions of a member as a legislator. Furthermore,
the boundaries of parliamentary privilege must be confined to activities of
parliamentarians or activities in parliament that
deemed service of the hearing notice.
6. The definition of "Parliamentary Privileges" has been given in Chapter ... Parliamentary Privileges -Rajya Sabha wherein nature of privileges has been
defined as follows:
"According to Erskine May, "Parliamentary privilege
public at this stage, may be
considered to be a breach of privilege. Of course, the Commission
does not have the jurisdiction and would ... order of disclosure of information
is issued after the matter of Parliamentary privilege is decided by
the Hon'ble Speaker, because it cannot
Department of
Disinvestments, Ministry of Finance, depending on the existence of
Parliamentary privilege at this point of time.'
FILE NO. CIC/WB/A/2008 ... order to guard itself from accusation
5
of breach of Parliamentary privileges, it seeks exemption from
disclosure under section
advices form part of 'information'. Only
legislative or parliamentary privilege is protected under Section 8 (c) and no other
communication is protected under
breach of privilege'. In this context he has
submitted the following documents:
1. Erskine May's Treatise on THE LAW, PRIVILEGES,
PROCEEDINGS ... USAGE OF PARLIAMENT - Eighteenth
(1971) Edition.
2. The LAW OF PARLIAMENTARY PRIVILEGES IN U.K. AND IN
INDIA by Shri P.S. Pachauri
cause notice may
impact on the hearing before PAC thereby attracting
Parliamentary Privilege.
1
(ii) The revised assessment based on Special Audit report ... sought by the applicant may be considered
secret/confidential as per the parliamentary procedure or
can the same be disclosed to the applicant
