KSLU Solved Question Papers
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Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 8
2012 Jun Examination
munotes.in
Mumbai
KSLU Solved Question Papers
Right to Information
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 8
2012 Jun Examination
munotes.in
Mumbai
First published on munotes.in on 21 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2012 Jun examination.
The questions below are the paper as Karnataka State Law University set it at the 2012 Jun examination, in the order it was set.
MarksPage
MarksPage
The questions in this volume are the questions asked at the 2012 Jun examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 20 questions answered
Instructions printed on the paper
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Unit I
Answer
For full marks, cover: the two claims (publicity cures misuse of power; the RTI Act is the best instrument for it); what openness and accountability mean; why the RTI Act outperforms courts, Parliament, audit and the press as a tool for citizens (a comparison table); the provisions that produce openness (sections 4, 8(2), 8(3), 10, 22, 24 proviso) and accountability (sections 4(1)(d), 19(5), 19(8)(b), 20); the case law, area by area: regulators (Jayantilal N. Mistry), public money (Chander Shekhar, Kuldeep Singh Yadav), examinations (Aditya Bandopadhyay, Shaunak H. Satya), the highest offices (Subhash Chandra Agarwal, 2019), officials made to pay (Saroj Singh); where the light stops (Girish Ramchandra Deshpande, Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi, Angesh Kumar, Thalappalam); assessment; conclusion.
The statement joins two ideas. The first is Louis Brandeis's: publicity cures the misuse of power as sunlight kills germs. The second is a claim about India: of all the means available, the RTI Act is the best for securing openness and accountability. The second claim needs proof, and the case law supplies it.
Openness means that citizens can see what the Government holds and does. Accountability means that officials must explain their decisions and suffer consequences when they fail. Openness without accountability produces facts that nobody acts on. Accountability without openness is impossible, because nobody knows what to question.
Other institutions also hold Government to account. Each has a limit that the RTI Act does not.
| Means | Who can use it | Its limit | The RTI Act |
|---|---|---|---|
| Courts | Parties to a case | Slow, costly, documents only as evidence | Any citizen, ten rupees, thirty days |
| Parliament and legislatures | Members | Questions only by legislators, answers controlled by Ministers | Any citizen asks directly |
| Audit | The Comptroller and Auditor General | After the event, selective | Any record, at any time |
| The press | Journalists | No power to compel production | A legal duty to supply, enforced by a Commission |
The Act makes every citizen an auditor of the State. It is cheap, fixed in time, and backed by an independent Commission with power to penalise.
1. Regulators. In Reserve Bank of India v. Jayantilal N. Mistry, (2016) 3 SCC 525, the RBI refused to disclose its inspection reports on banks, claiming a fiduciary relationship. The Supreme Court rejected the claim. The RBI must "uphold public interest and not the interest of individual banks". Depositors could now see what the regulator had found.
2. Public money. In Chander Shekhar v. BSNL (CIC/AD/A/2009/001366, 10 November 2009), BSNL refused the bid values in a tender, relying on a non-disclosure agreement. The Commission held that once bids are opened and evaluated, the information is public. A tender involving about Rs 40,000 crore of public money cannot be kept secret. In Kuldeep Singh Yadav v. Irrigation and Flood Control Department (CIC/SG/A/2009/001385/4113, 14 July 2009), an applicant sought the works, budgets and contractors in his constituency. The department was directed to give details of a road identified at the hearing, or admit that it had not built it. Few questions demand accountability more directly.
3. Examinations. In Central Board of Secondary Education v. Aditya Bandopadhyay, (2011) 8 SCC 497, students won the right to inspect their evaluated answer books, with examiners' names masked. In Institute of Chartered Accountants of India v. Shaunak H. Satya, AIR 2011 SC 3336, an examinee sought the Institute's instructions to examiners and moderation criteria. The Court held that "additional workload is not a defence", and the standard moderation criteria had to be disclosed. Examining bodies became answerable for how they mark.
4. The highest offices. In Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal (13 November 2019), five Judges held that the office of the Chief Justice of India is part of a public authority. The fact of judges' asset declarations was ordered to be disclosed. No office is beyond the Act's reach.
5. Officials made to pay. In Saroj Singh v. Government of NCT of Delhi (CIC/SG/A/2011/001436/13689, 19 August 2011), revenue officials ignored even a first appellate order to supply village land records. The Commission held each defaulting officer separately liable. One paid Rs 6,500 and another the maximum Rs 25,000, from salary. Accountability became personal.
The Act is a strong light, but not an unlimited one.
The claim is largely true. No other mechanism gives every citizen a cheap, enforceable, time-bound right to see Government records. The cases show the Act exposing regulators, tenders, public works, examinations and even the highest court. But the Act works only as well as its Commissions and records do. The Supreme Court in Anjali Bhardwaj v. Union of India (15 February 2019) had to direct Governments to fill Commission vacancies in time. The Act is the best tool for openness and accountability, but it complements the courts, audit and the press rather than replacing them.
Conclusion. Publicity is the best disinfectant, and the RTI Act is India's most effective means of applying it. It opens records through sections 4, 8(2), 8(3), 10, 22 and 24. It enforces accountability through reasons, the burden on the PIO, compensation and personal penalties. The cases prove it: Jayantilal N. Mistry, Chander Shekhar, Kuldeep Singh Yadav, Aditya Bandopadhyay, Shaunak H. Satya, Subhash Chandra Agarwal and Saroj Singh. Its light stops at privacy, safety, real administrative burden and private bodies (Girish Ramchandra Deshpande, Saiyed Hussain Abbas Rizwi, Angesh Kumar, Thalappalam).
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