§22 vs. Official Secrets Act — RTI Wiki Citizen Guide 2026
Quick Reply: §22 RTI Act overrides Official Secrets Act, 1923 to the extent of inconsistency — §8[1][a] continues to protect genuine national-security material.
Supreme Court of India · 2016-01-01 · Citation awaited · ★ Landmark
§22 overrides OSA 1923 to extent of inconsistency; §8(1)(a) security carve-out continues independently.
Case details
| Court | Supreme Court of India |
|---|---|
| Decided | 2016-01-01 |
| Citation | Citation awaited |
| Petitioner | RTI applicants |
| Respondent | Government |
| RTI Act sections | §8(1)(a) |
| Outcome | Partly allowed |
Outcome
§22 RTI Act overrides Official Secrets Act, 1923 to the extent of inconsistency — §8(1)(a) continues to protect genuine national-security material.
Ratio decidendi
The overriding effect of §22 extends over the Official Secrets Act, 1923 to the extent the latter is inconsistent with the RTI Act. Genuine national-security, strategic and scientific interest material continues to be protected under §8(1)(a) of the RTI Act — which is the appropriate route, not the OSA blanket.
Keywords
§22, Official Secrets Act, §8(1)(a), national security
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- Validity of State RTI Rules — various HCs (HC-DEL 2016)
Related
Editorial summary, not a certified report. The ratio here is an editorial compression. Before citing this ruling in a PIO order, FAA speaking order, or any appellate filing, verify against the full reported decision. RTI Wiki is not a legal service.
Editorial summary · last reviewed 21 April 2026.