- (1.) Taken on Board.
(2.) Mr. Vivek Tankha, learned Additional Solicitor General has drawn our attention to the questions of law framed by the High Court for its determination which are as follows: (1) Whether the Governor is a "public authority" within the meaning of Section 2(h) of the RTI Act? and whether by reason of being included in the definition of "competent authority" the Governor stands excluded from the definition of "public authority" under the RTI Act? (2) Whether the Governor is a sovereign and being sovereign, no direction can be issued to the Governor for disclosure of any information under the RTI Act? (3) What is the extent of immunity enjoyed by the Governor under Article 361 of the Constitution of India? Whether in view of such immunity, no direction can be issued and no order can be passed under the RTI Act, which has an effect of requiring the Governor to disclose any information under the RTI Act? (4) Whether the information sought for is exempt from disclosure under Section 8(1)(e) of the RTI Act? (5) Whether the GSIC, which had become a single member body on account of retirement of one of the two members constituting it when it passed the order dated 18th March 2011 (impugned in W.P. No.237 of 2011), could not have passed it in the absence of a second member?
(3.) In our considered view, these questions require consideration by this Court.;