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THE CONFLICT BETWEEN OFFICIAL SECRETS ACT (OSA) AND RIGHT TO INFORMATION ACT (RTI)

Due to the controversy surrounding the Rafale sale in India, the Official Secrets Act of 1923 has been in the news. For breaking the requirements of the Official Secrets Act, 1923, the Government of India has sought legal action against press outlets, including The Hindu newspaper and ANI. According to the reports released by various news organisations, the negotiating team and the Ministry of Defense were opposed to the Rafale agreement, and the government did not follow the proper procurement procedures. The government says that these news organisations broke the law by publishing reports and documents relevant to the contract with France to buy 36 Rafale fighter planes. As a result, the government has filed a legal challenge to press agencies' actions, alleging that they have broken the Official Secrets Act of 1923. In their defence, the newspaper companies cite the Right to Information Act of 2005 as a constitutional right. Thus, a conflict arose between the Right to Informat...