It is felt apparently that theRTI ACT 2005 contains a provision ultravires to the constitution of India. The provision in the act that states that the decision of the SIC regarding state matters and CIC regarding the Central matters are final and binding, and that no court of Law has nothing to do with matters and grievances regarding information sought with ref to RTI Act, is felt to be unconstitutional by the current topic submitter.

It has been felt, while executing the right provided by the act, that often, the SIC, who has been virtually nominated by the state govt, plays for the best interest of the govt, when the later is in trouble. And the provision of the act prevents the apellant to move to the court of Law to seek proper justice.

It has been very recently felt, while seeking for an urgent information regarding some emergency services of a state govt run apex teaching institution cum referral hospital. Wrong information was provided by the ASPIO, probably intentionally. SPIO, Apellate authority took this as an urgent matter (as mentioned in their letters) and instructed the ASPIO. But ultimately the information was not provided. Strangely enough, when appealed to the SIC, he disregarded the entie matter stating that the information sought for was "not objective". However, the present topic submitter, being a medical professional, and quiet sound about objectivity of information sought under RTI ACT and State RTI Rules, feels that the statement of SIC is not proper. Either it has been misunderstood by the SIC, the probability of which being extremely low, or has been deliberately ill-understood to safeguard certain officers. At this juncture, the present topic submitter is left at a no man's land in order to address his grievances.

The details of the above matter may please be made available by a direct phone call to the following number- 09433853023.

Please post your comments regarding the need to ammend the ultravires portion and making the provisions to challenge before the Court of Law, any discrepancy arising from information sought in accordance to the RTI Act.