RTI over Rajasthan bill

A Right to Information (RTI) petition has been filed at the Prime MInister’s Office (PMO), asking the government to clarify whether it had granted prior permission to the Rajasthan government to promulgate the Criminal Laws (Rajasthan Amendment) Ordinance, 2017.

The application has been filed by lawyer activist Hemant Kumar even as as the state government continues to face vociferous protests against tabling of The Criminal Laws (Rajasthan Amendment) Bill, 2017.

The Bill amends the Criminal Code of Procedure (CrPC), 1973, and bars the media from naming a public servant until Rajasthan government sanctions the investigation.
Kumar has urged the PMO to reveal “the entire information regarding the approval or permission as granted by the central government, if any, to the Rajasthan government for the latter promulgation of Criminal Laws (Rajasthan Amendment) Ordinance, 2017” which had been promulgated by the governor of Rajasthan on September 6 this year.

In his application, Kumar says, “Since the ordinance tends to amend both the CrPC and Indian Penal Code (IPC) albeit within the state of Rajasthan, hence prior approval of the Centre is necessary in spirit with Article 254(2) of our Constitution. As a promulgated ordinance is also akin to a duly enacted law, though for a limited duration, hence before its promulgation by the Governor, it must have been sent to the Centre by the Rajasthan government for seeking the former’s approval particularly as it tends to amend CrPC and IPC, both central legislations.”

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