| Even though legal opinion was sought by the banking sector, by implication, no public sector undertaking will be answerable to any company under the Right to Information Act. |
| While advising its members to decline any request put up by a company seeking information under the Act, the Indian Banks' Association has said, "It is now well settled that the rights conferred by Article 19 are confined to natural persons who are citizens and that a corporation not being a citizen cannot claim any of the rights ... even though their shareholders are citizens." |
| The note, circulated among public sector bank CEOs, added that a corporation could claim other fundamental rights that are open to all persons (Article 14) and its shareholders may enforce Article 19. |
| "This will be applicable to other public sector undertakings as well. Besides individuals, other bodies like trusts, not covered by the Companies Act, will be able to extract information from a public authority," said a legal expert. |
| Section 3 of the Right to Information Act, 2005, provides that subject to the provisions of this Act, all citizens have the right to seek information. |
| According to the Supreme Court, the right to information is derived from freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution. |
| RIGHT-LESS! |
| A firm incorporated under the Companies Act, 1956, or any other corporate body, does not enjoy the Right to Information |
| No public sector undertaking will be answerable to any company under the Right to Information Act |
| A corporation can claim other fundamental rights that are open to all persons (Article 14) and its shareholders may enforce Article 19 |
| Besides individuals, other bodies like trusts, not covered by the Companies Act, will be able to extract information from a public authority |
| Subject to the provisions of the Act, all citizens have the right to seek information |
Top Section
Explore Business Standard