Delhi High Court Upholds Exemption of Solicitor General’s Legal Advice from RTI Act

Dec24,2023 #Delhi High Court #RTI

LI Network

Published on: December 24, 2023 at 12:50 IST

In a recent ruling, the Delhi High Court affirmed that legal advice provided by the Solicitor General of India to the government and its departments falls under the exemption clause of Section 8(1)(e) of the Right to Information Act of 2005 (RTI Act).

Justice Subramonium Prasad emphasized the fiduciary relationship between the Solicitor General and the government, noting that the legal counsel serves as a beneficiary bound by the duty to act in good faith for the benefit of the Union and other departments.

The Court’s decision overturned a Central Information Commissioner order from 2011, highlighting the confidential nature of legal advice in the public interest.

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