The Central Information Commission has asked Rajya Sabha chairman to take a decision on whether disclosure of file notes, under the RTI Act, on notices and questions received from members will be a breach of Parliamentary privilege.
The transparency panel, while deciding the case of an RTI applicant who had sought to know questions and discussions that took place in the Rajya Sabha against the Central Information Commission, has referred the issue of privilege to the chairman of the House.
Applicant Anita Chabra had also demanded note sheets prepared by the secretariat on these questions and notices for discussions received from members. The information was denied by the Secretariat citing section 8(1)(c) of the RTI Act which exempts from disclosure information which would cause a breach of privilege of Parliament or the state legislature.
"This Commission realises that there is no exact codification of Parliamentary Privilege. In view of this the Commission requests the chairman of the Rajya Sabha to consider whether giving this information would be a breach of privilege of the Parliament," information commissioner Shailesh Gandhi said.
He directed that disclosure of information would depend on the decision of chairman Rajya Sabha.