##PAGE1##

vके(cid:7008)(cid:7076)ीय सूचना आयोग Central Information Commission

बाबा गंगनाथ माग(cid:6981),मुिनरका

Baba Gangnath Marg, Munirka नई (cid:7408)द(cid:7016)ली, New Delhi – 110067

ि(cid:554)तीय अपील संূा / Second Appeal No.CIC/PAROI/A/2024/641396

Arunpandian … अपीलकता१/Appellant

VERSUS बनाम CPIO

Rajya Sabha Secretariat New Delhi …(cid:7079)ितवादीगण/Respondent

Relevant dates emerging from the appeal:

RTI : 20.08.2024 FA : 24.08.2024 SA : 15.09.2024 CPIO : 22.08.2024 FAO : 10.09.2024 Hearing : 23.03.2026

Date of Decision: 23.03.2026

CORAM Chief Information Commissioner: RAJ KUMAR GOYAL

O R D E R

1. The Appellant filed an RTI application dated 20.08.2024, before the CPIO, Rajya Sabha Secretariat, seeking information as under:

“I request you to provide a copy of the statutory provisions as to whether the Parliament of India has the power to enact specific relief act in the Seventh Schedule of

the Constitution of India or whether the State Legislature has the power”

2. The CPIO replied to the RTI Application on 22.08.2024 stating as under:

Page 1 of 4 Second Appeal No.

CIC/PAROI/A/2024/641396

1 / 5

“the information sought by the applicant is not clear, moreover, he has sought information in the form of questions. Therefore, the information sought by the applicant

does not pertain to Rajya Sabha or its Secretariat and thus, may be treated as Nil”

3. Aggrieved with the CPIO’s reply, the Appellant filed a First Appeal dated

24.08.2024. The FAA & Jt. Secretary (E&T) vide order dated 10.09.2024 held as under:

“1. The CPIO's reply as well as the contention of the appellant in the first appeal has been taken on record and the matter has been re-examined in the light of inputs received from the concerned Section of this Secretariat i.e. Bill Office. The concerned Section has submitted that the information sought by the applicant is not specific and is not available in material form and therefore, cannot be provided. However, it may be mentioned that as per Article 246 of the Constitution, Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I (Union List) in the Seventh Schedule of the Constitution, whereas State Legislatures have the exclusive power to make laws with respect to any of the matters enumerated in List II (State List). As regards matters enumerated in List III (Concurrent List) both Parliament and State

Legislatures have the power to make laws related thereto.”

4. Subsequently, the Appellant approached the Commission with the instant Second Appeal dated 15.09.2024 alleging that no information has been provided to him.

Hearing Proceedings & Decision

5. The Appellant remained absent during the hearing. On behalf of the Respondent, Sanjeev Chandra, Director & CPIO along with Manoj Kumar Prajapati, Asstt. Legislative

Officer attended the hearing in person.

6. The Respondent reiterated the reply provided to the Appellant. The Commission further took on record the written submissions filed by the CPIO on 18.03.2026, inter alia

stating as under:

“7. Second Appeal was also sent to the PIOs of concerned Sections of this Secretariat i.e., Bill Office (Annexure-V) and Legislative Section (Annexure-VI) for

Page 2 of 4 Second Appeal No.

CIC/PAROI/A/2024/641396

2 / 5

comments and further inputs. Both the Sections have reiterated the information furnished in response to the first appeal.

XXX

8. It is submitted that the Appellant's application dated 20.08.2024 under the RTI Act, and First Appeal Dated 24.8.25 have been replied to by CPIO and First Appellate Authority well within the stipulated period of thirty days. Moreover, although replies to Questions and Queries do not come under the Definition of 'information' as under Section 2(f) of the RTI Act, it may kindly be seen that even the Appellant's Query has also already been responded to by the Appellate Authority based on the response of the PIO of the Bill Office of this Secretariat. Hence, there is no further information available to be furnished to