CHAPTER 1
Right to Information Act:
Salient features in FAQ form:
Evolution of the RTI acts: TRANSPARANCY IN GOVERNANCE
It has been recognized the world over, that good governance is essential for sustainable development, both economic and social. The three essential aspects emphasized in good governance are transparency, accountability and responsiveness of the administration.
Over the years, in
Unfortunately, "the Indian Elephant" was too slow to recognize the needs of its own citizens and the need of the world’s largest democracy. In the pre- independence era, the bureaucracy which was responsible to British Raj was never meant to be answerable to the public. There was secrecy about everything and that secrecy served only few power groups and ended up benefiting an arrogant, indifferent and manipulative minority. The root of this evil lies in 'secrecy in governance and administration'. This 'secrecy' continued to be the devil of democracy in the independent
Very interestingly the United Nations recognized, even prior to the independence of our country, in 1946, in its very first session itself, and adopted resolution 59 (1) stating "freedom of information is a fundamental human right".
Mr.Abid Hussain, the UN special rapporteour on freedom of opinion and expression in his 1995 report to the UN commission on human rights stated; quote- "freedom will be bereft of all effectiveness if the people have no access to information. Access to information is basic to the democratic way of life. The tendency to withhold information from the people at large is therefore to be strongly checked" - unquote.
True democracy is not possible unless all the citizens have an opportunity to participate in the affairs of the state. The right to participate in the affairs of the state is useless and meaningless unless the citizen has information regarding the affairs of the state. Precisely this is what that has happened in our country. We have every right that can be conceived by the human mind. But hardly any chance to exercise most of those rights. A quiet revolution is taking place in this country. This is about the right to information.
Nine states - Goa, Tamilnadu, Rajasthan, Karnataka, Maharashtra, Madhya Pradesh,
The preamble of the act expressly states its aims and objectives. The act aims to set out the practical regime of right to information for citizens to secure access to information under the control of public authorities with the following objectives;
Promoting transparency and accountability in the working of every public authority, containing corruption, holding governments and their instrumentalities accountable to the governed;
Harmonise conflicting interests in practice involved in revelation of information and other public interests such as efficient operations of government, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information while preserving the paramountcy of the democratic ideal;
Facilitate right to information leading to an informed citizenry and transparency of information which are vital to the functioning of democracy as established by the Constitution of India;
Thus, the Right to Information Act is much needed. provision which all public authorities should quickly adapt and convert it into a routine habit so as to involve the biggest Human Resource on the this Planet Earth participate and contribute towards the Nation Building.
. The government of India, department of personnel, decided to set-up a ‘working group’ (on the ‘Right to Information and promotion of open and transparent government’) in January 1997 under the chairmanship of Mr. H.D. Shouri, which submitted its comprehensive and detailed report and the draft bill on freedom of Information in May 1997. The need to enact a law on Right to Information was recognised unanimously by the chief minister conference on “effective and responsive government”, held on
The campaign for right to information legislation stemmed from the work of a grass root Rajasthan based organisation "Mazdur Kissan Shakthi Sanghatan (MKSS)". Founded in 1990 MKSS worked with poor villagers to organize participatory social audits in which Govt. officials were brought face to face with citizens in a public gathering. Their popularity and success prompted the Chief Minister of Rajasthan to promise a right to information act to the people of Rajasthan in April, 1995.Subsequently, the Right to Information Act was passed in June 2005.
“The demand for Right to Information has taken the form of mass movement at the grass root level. A mass based organisation called the Mazdoor Kissan Shakti Sanghatan (MKSS) took an initiative to lead the people in a very backward region of Rajasthan - Bhim Tehsil- to assert their Right to Information by asking for copies of bills and vouchers and names of persons who have been paid wages mentioned in muster rolls on the construction of schools, dispensaries, small dams and community centers. On paper such development projects were all completed, but it was common knowledge of the villagers that there was gross misappropriation of funds with roofless school buildings, dispensaries without walls, dams left incomplete and community centers having no doors and windows.
After years of knocking at officials’ doors and despite the usual apathy of the state government, MKSS succeeded in getting photocopies of certain relevant documents. Misappropriation of funds was clearly obvious. In some cases, the muster rolls contained names of persons who either did not exist at all or died years before. This incident is more than sufficient to show the importance of the ability of Information for eradicating mal-practices. With so many scandals emerging from time to time, it becomes vital for the management of public fund and survival of democracy.
MKSS organised a Jan sunwai (people’s hearing), the first ever in the history of Rajasthan. Politicians, administrators, landless labourers, private contractors were all invited to listen, respond and, if willing, to defend themselves. Popular response was phenomenal, but village officials and politicians stayed away and remained silent, and thereby weakened their position and darkened their image.
Between December 1994 and April 1995, several other public hearings were organised. People’s anger made one engineer of the state electricity board to return in public an amount of Rs.15, 000 he had extracted from a poor farmer. This grass root movement is fast spreading to other areas of Rajasthan and to other states establishing firmly that Information is power and people should have the right to official information.
FAQ on RTI act
About Right to Information
1. When does it come into force?
2. Who is covered?
3. What does Information mean?
4. What does Right to Information mean?
1 when does it come into force?
It comes into force on
2. Who is covered?
The act extends to the whole of
3. What does Information mean?
Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and Information relating to any private body which can be accessed by a public authority under any other law for the time being in force [but does not include "file notings" as per GOI DOPT] [contentious issue] [s.2 (f)].
4. What does Right to Information mean?
It includes the right to -
I. Inspects works, documents, and records.
II. Take notes extracts or certified copies of documents or records.
III. Take certified samples of material.
IV. Obtain Information in form of printouts, diskettes, floppies, tapes, and video
Cassettes or in any other electronic mode or through printouts. [s.2 (j)]
OFFICERS AND THEIR OBLIGATIONS
1. What are the obligations of public authority?
2. What does a "public authority" mean?
3. Who are public Information officers (PIOS)?
4. What are the duties of a PIO?
1. What are the obligations of public authority?
It shall publish within one hundred and twenty days of the enactment:-
I. The particulars of its organization, functions and duties;
II. The powers and duties of its officers and employees;
III. The procedure followed in its decision making process, including channels of supervision and accountability;
IV. The norms set by it for the discharge of its functions;
V. The rules, regulations, instructions, manuals and records used by its employees for discharging its functions;
VI. A statement of the categories of the documents held by it or under its control;
VII. The particulars of any arrangement that exists for consultation with, or representation by the members of the public, in relation to the formulation of policy or implementation thereof;
VIII. A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted by it. Additionally, Information as to whether the meetings of these are open to the public, or the minutes' of such meetings are accessible to the public;
IX. A directory of its officers and employees;
X. The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
XI. The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
XII. The manner of execution of subsidy programmes, including the amounts allocated and the details and beneficiaries of such programmes;
XIII. Particulars of recipients of concessions, permits or authorizations granted by it;
XIV. Details of the Information available to, or held by it, reduced in an electronic form;
XV. The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
XVI. The names, designations and other particulars of the public Information officers. [S.4 (1) (b)].
2. What does a "public authority" mean?
It means any authority or body or institution of self-government established or constituted: [s.2 (h)]
By or under the constitution;
By any other law made by parliament;
By any other law made by state legislature;
By notification issued or order made by the appropriate government. and includes any-
Body owned, controlled or substantially financed
Non-government organization substantially financed directly or indirectly by the appropriate government.
3. Who are public Information officers (PIO)?
PIOS are officers designated by the public authorities in all administrative units or offices under it to provide Information to the citizens requesting for Information under the act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this act, such other officer shall be treated as a PIO.
4. What are the duties of a PIO?
PIO shall deal with requests from persons seeking Information and where the request cannot be made in writing, to render reasonable assistance to the person to reduce the same in writing.
If the Information requested for is held by or its subject matter is closely connected with the function of another public authority, the PIO shall transfer, within 5 days, the request to that other public authority and inform the applicant immediately.
PIO may seek the assistance of any other officer for the proper discharge of his/her duties.
PIO, on receipt of a request, shall as expeditiously as possible, and in any case within 30 days of the receipt of the request, either provide the Information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in s.8 or s.9.
Where the Information requested for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
If the PIO fails to give decision on the request within the period specified, he shall be deemed to have refused the request.
Where a request has been rejected, the PIO shall communicate to the requester - (i) the reasons for such rejection, (ii) the period within which an appeal against such rejection may be preferred, and (iii) the particulars of the appellate authority.
PIO shall provide Information in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.
If allowing partial access, the PIO shall give a notice to the applicant, informing:
That only part of the record requested, after severance of the record containing Information which is exempt from disclosure, is being provided;
The reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
C. The name and designation of the person giving the decision;
D. The details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
E. His or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided.
If Information sought has been supplied by third party or is treated as confidential by that third party, the PIO shall give a written notice to the third party within 5 days from the receipt of the request and take its representation into consideration.
Third party must be given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice.
WHAT INFORMATION IS AVAILABLE?
1. What is not open to disclosure?
2. Is partial disclosure allowed?
3. Who is excluded?
1. What is not open to disclosure?
The following is exempt from disclosure [s.8)]
I. Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the state, relation with foreign state or lead to incitement of an offence.
II. Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
III. Information, the disclosure of which would cause a breach of privilege of parliament or the state legislature;
IV. Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
V. Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
VI. Information received in confidence from foreign government;
VII. Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of Information or assistance given in confidence for law enforcement or security purposes;
VIII. Information which would impede the process of investigation or apprehension or prosecution of offenders;
IX. Cabinet papers including records of deliberations of the council of ministers, secretaries and other officers;
X. Information which relates to personal Information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual;
XI. Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
2. Is partial disclosure allowed?
Only that part of the record which does not contain any Information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided. [s.10]
3. Who is excluded?
Central intelligence and security agencies specified in the second schedule like IB, R&AW, Directorate Of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate Of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman And Nicobar, The Crime Branch-CID-CB, Dadra And Nagar Haveli And Special Branch, Lakshadweep Police. Agencies specified by the state governments through a notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide Information pertaining to allegations of corruption and human rights violations. Further, Information relating to allegations of human rights violations could be given but only with the approval of the Central or state Information commission, as the case may be. [s.24)].
Procedure for request of Information
1. What is the application procedure for requesting information?
2. What is the time limit to get the information?
3. What is the fee?
4. What could be the ground for rejection?
1. What is the application procedure for requesting information?
1. Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the Information sought for.
2. Reason for seeking Information is not required to be given;
3. Pay fees as may be prescribed (if not belonging to the below poverty line category).
2. What is the time limit to get the information?
1. 30 days from the date of application
2. 48 hours for Information concerning the life and liberty of a person
3. 5 days shall be added to the above response time, in case the application for Information is given to assistant public Information officer.
4. If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).
5. Failure to provide Information within the specified period is a deemed refusal.
3. What is the fee?
1. Application fees to be prescribed which must be reasonable.
2. If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at;
3. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate appellate authority;
4. No fees will be charged from people living below the poverty line
5. Applicant must be provided Information free of cost if the PIO fails to comply with the prescribed time limit.
4. What could be the ground for rejection?
1. If it is covered by exemption from disclosure. (s.8)
2. If it infringes copyright of any person other than the state. (s.9)
INFORMATION COMMISSIONS
How is Central Information commission constituted?
What is the eligibility criterion and what is the process of appointment of CIC/ic?
What is the term of office and other service conditions of CIC?
What is the term of office and other service conditions of IC?
How is the state Information commission constituted?
What is the eligibility criterion and what is the process of appointment of state chief Information Commissioner /state Information Commissioners?
What are the powers and functions of Information commissions?
What is the reporting procedure?
1. How is Central Information commission constituted?
1. Central Information commission to be constituted by the Central government through a gazette notification.
2. Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India.
3. Oath of office will be administered by the President of India according to the form set out in the first schedule.
4. Commission shall have its headquarters in
5. Commission will exercise its powers without being subjected to directions by any other authority. (s.12).
2. What are the eligibility criteria and what is the process of appointment of CIC/IC?
1. Candidates for CIC/IC must be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
2. CIC/IC shall not be a Member of Parliament or Member of the Legislature of any state or union territory. He shall not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. (s.12).
3. Appointment committee includes Prime Minister (Chair), leader of the opposition in the Lok Sabha and one union cabinet minister to be nominated by the prime minister.
3. What is the term of office and other service conditions of CIC?
1. CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier.
2. CIC is not eligible for reappointment.
3. Salary will be the same as that of the chief election Commissioner. This will not be varied to the disadvantage of the CIC during service. (s.13)
4. What is the term of office and other service conditions of IC?
1. IC shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment as ic.
2. Salary will be the same as that of the election Commissioner. This will not be varied to the disadvantage of the IC during service.
3. IC is eligible for appointment as CIC but will not hold office for more than a total of five years including his/her term as IC. (s.13).
5. How is the state Information commission constituted?
1. The state Information commission will be constituted by the state government through a gazette notification. It will have one state chief Information Commissioner (SCIC) and not more than 10 state Information Commissioners (SIC) to be appointed by the governor.
2. Oath of office will be administered by the governor according to the form set out in the first schedule.
3. The headquarters of the state Information commission shall be at such place as the state government may specify. Other offices may be established in other parts of the state with the approval of the state government.
4. The commission will exercise its powers without being subjected to any other authority.
6. What is the eligibility criterion and what is the process of appointment of state chief Information Commissioner /state Information Commissioners?
The appointments committee will be headed by the chief minister. Other members include the leader of the opposition in the legislative assembly and one cabinet minister nominated by the chief minister.
The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioners.
The salary of the state chief Information Commissioner will be the same as that of an election Commissioner. The salary of the state Information Commissioner will be the same as that of the chief secretary of the state government. (s.15)
7. What are the powers and functions of Information commissions?
1. The Central Information commission/state Information commission has a duty to receive complaints from any person.
A) Who has not been able to submit an Information request because a PIO has not been appointed?
B) Who has been refused Information that was requested?
C) Who has received no response to his/her Information request within the specified time limits?
D) Who thinks the fees charged are unreasonable;
E) Who thinks Information given is incomplete or false or misleading; and
F) Any other matter relating to obtaining Information under this law.
What are the powers of IC?
Receive complaints regarding
No PIO appointed
PIO refused to accept application
Refused access
Time limit expired
Info incomplete or false
Any other matter of RTI
Can initiate inquiry
Has powers like
Appeal to IC is 2nd appeal, in 90 days
Onus on PIO to prove refusal was justified
2. Power to order inquiry if there are reasonable grounds.
3. CIC/SCIC will have powers of civil court such as -
A) Summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things;
B) Requiring the discovery and inspection of documents;
C) Receiving evidence on affidavit;
D) Requisitioning public records or copies from any court or office
E) Issuing summons for examination of witnesses or documents
F) Any other matter which may be prescribed.
4. All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during inquiry for examination.
5. Power to secure compliance of its decisions from the public authority includes-
A) Providing access to Information in a particular form;
B) Directing the public authority to appoint a PIO/APIO where none exists;
C) Publishing Information or categories of information;
D) Making necessary changes to the practices relating to management, maintenance and destruction of records;
E) Enhancing training provision for officials on RTI;
F) Seeking an annual report from the public authority on compliance with this law;
G) Require it to compensate for any loss or other detriment suffered by the applicant;
H) Impose penalties under this law; or
I) reject the application. (S.18 and s.19)
8. What is the reporting procedure?
1. Central Information commission will send an annual report to the Central government on the implementation of the provisions of this law at the end of the year. The state Information commission will send a report to the state government.
2. Each ministry has a duty to compile reports from its public authorities and send them to the Central Information commission or state Information commission, as the case may be.
3. Each report will contain details of number of requests received by each public authority, number of rejections and appeals, particulars of any disciplinary action taken, amount of fees and charges collected etc.
4. Central government will table the Central Information commission report before parliament after the end of each year. The concerned state government will table the report of the state Information commission before the Vidhan Sabha (and the Vidhan Parishad wherever applicable). (s.25)
Each dept to furnish information annually to CIC regarding:
No. of requests received
No. of denials
No of appeals to IC
Particulars of disciplinary action taken
Amount of charges collected
Recommendations of reform
Based on this, report of CIC will be tabled before Parliament
What are the penalty provisions under the act?
IF PIO WITHOUT REASONABLE CAUSE
Refused to receive application
Did not furnish info in time
With malafide intention denied request
Knowingly gave incorrect info or destroyed subject info
Obstructed furnishing of info
Then…he can be penalised by IC
Rs.250 per day up to Rs. 25000 , till application taken/ information furnished
Also, can recommend disciplinary action against PIO
What is the Jurisdiction of courts?
Lower courts are barred from entertaining suits or applications against any other made under this act. [S/23]
However, the writ jurisdiction of the Supreme Court and high courts under articles 32, 226 of the constitution remains unaffected.
Twenty year rule applies for all information including exempted category!
However, any information about events which happened 20 years ago is to be provided, unless the sovereignty of
What is severability under sec 10?
If the record contains exempted information in parts, PIO can give that part of the record which can be reasonably severed.
Notice has to be given to applicant stating that info is only part, reasons for the decision, details of fees, details of right to review
What should be done by FSL PIO, if the information requested relates documents which can be given by a court or PS or any other public authority?
The CIC commission held that under section 6 (3) of the RTI, the public authority to which the application is made, shall transfer the application or such part which may be appropriate to that other public authority which either holds the Information or is more closely connected with the subject matter of the application
How is the information relating to a third party to be dealt with by the PIO?
If information asked for and to be disclosed was supplied in confidence by a third party, then:
In 5 days, invite submission from 3rd party
Submission to be in 10 days
Keep submission in mind
Allow disclosure if public interest outweighs harm to 3rd party
Give notice of decision to 3rd party, stating his entitlement to appeal
The following are the benefits of the act
There are long-term benefits:
In the political sphere,
In the economic sphere,
In the sphere of public administration,
Individual requests as “vexatious”
The applicant makes clear his or her intention
The authority has independent knowledge of the intention of the applicant
The request clearly does not have any serious purpose or value
The effect of redaction would be a render Information worthless
The request is for Information which is clearly exempt
The request can fairly be characterized as obsessive or manifestly unreasonable
Controversy about notings:
sec. 2(i) “record” includes “file”
File consists of a “note” portion and a “correspondence” portion.
“Note portion consists of chain of ‘notes and orders’ relating to papers under consideration.
“Correspondence” portion consists of papers under consideration serially filed.
In all government offices, any issue which comes up for a decision starts with a file on the subject. This file has two parts: on the left, you have the note-sheets on which officers dealing with the issue at various levels record their opinions. On the right, you have correspondence and other papers relating to the subject. Very often, the notings on the left refer to papers on the right, which would be termed as P.U.C. (paper under consideration).
Let us suppose a flyover was to be built in a certain area. A file would be created on the subject. The officer concerned would put up the proposal which would pass through different levels till it received the final approval, say, the minister of the department concerned. Finally, the tender would be floated, the quotations received, evaluated and the proposal put up for awarding the contract. The amount of the contract together with the party (in this case, the contractor) would have to be finalised. This would be the stage when pressures would be exercised, kickbacks determined, bribes taken. Notings on the file would reflect all these. If those at the helm of affairs want to award the contract to a certain party, either for monetary considerations or on account of family connections or friendly relationships, they would exercise their influence and ask their subordinates to put up the cost, among other things. The proposal then would again pass through three, four or even more levels of officials.
Then, although a number of officials would put down notings influenced by their superiors, there would be one or two officers in the set-up who are upright and would record their opinions on the file to the effect that the decision being taken was wrong and not in the public interest. This officer would then be overruled by his senior (in most cases he would also be reprimanded verbally) and the contract awarded to the party being favoured by the powers that be. Take another example: a poor person applies for a ration card. His application would result in opening of a file. The officials concerned would sit on the file till the poor person greased their palms. With the introduction of the RTI act, one could demand scrutiny of the file which would reveal names of officers delaying the case. With the opening up of the files for public scrutiny, people are getting their ration cards, passports, and electricity connections quickly, without paying bribes.
Anything to do with the government process begins and ends with file notings. File notings reveal nuances of an issue: the element of corruption involved, who has exercised what kind of pressure and on whom, which officials have caved in, and who are the honest and upright officials (few indeed nowadays) who have opposed pressure. If the proposed amendments were to go through, we would be thrown back to an age of darkness after experiencing a very short phase of hope. By taking out file notings from public scrutiny, the government obviously wants to put a lid on corruption.
The government will be in no position to take credit for introducing openness, transparency and accountability in public life, if it pursues these amendments. In a list of most corrupt countries of the world, our position is quite high. RTI gives us a chance to bring down our ranking in this respect. Let us not throw it away. [The writer is Commissioner, Central Information commission.]
- Uncalled for fear that exposing note portion would inhibit executive-both
- Permanent and political from discharging their functions objectively. Uncalled for because honest persons not being parties to wrong decisions will also come out. If not remains secret, honest officers also will take blame. Requirement of disclosure would infuse objectively in discharge of functions. Note provides an Information trail that connects the decision to its cause its disclosure is a must to fix accountability.
- In satyapal v. Tcil (icob/a1/2006), the Central Information commission has held that “no file would be complete without note sheets having file notings. …. A citizen has the right of access to a file of which the file notings are an integral part.”
4. The Right to Information law will be under some new clauses soon. The cabinet committee has given approval to an amendment in the existing law in 2006. It will restrict the process of file notings under the existing law. Some ‘Right to Information’ activists express fear that this new nod will cripple the RTI.
- According to O P Kejriwal, member of Central Information commission (CIC), it’ll take the entire life out of the law that is unfortunate. To know about the file notings is the simple way to detect corruption as it reveals the records of the government’s executive procedure it was said that the bureaucracy always wanted to cover the executive process that has been made uncovered by the Right to Information act since October 2005. The bureaucracy got success when the cabinet chaired by the prime minister permitting access to file notings only on policies, proposals, agenda and projects related to development and social issues.
- As on date the decision on notings is not yet law but only a cabinet decision. Information has been defined in sec 2 (f) of the Right to Information act 2005 and it includes “records” besides other Information listed therein. Sec 2 (i) defines “record” to include any document, manuscript or “file”. When considered to gather, above provisions clearly include file in the definition of “information”. Notings being integral part of “file”, notings can not be excluded. When we talk of a “file” we mean complete file with notings made in the file, which can not be separated. There is a clear provision in the present law that the notings in the file are available to the people. The department of personnel still seems to be flouting the act. On its website it still carries the words “Information does not include file notings”. Legal experts say this line is illegal and that file notings must be made public according to the Right to Information act.
12. Areas of concern
Appointed of Information Commissioner s-persons with impeccable integrity should be appointed. It is difficult for a bureaucrat who has guarded Information till now to cope up with the new requirement overnight.
Attitudinal change on the part of all the authorities and personnel in public life convince that it is a freedom for the honest and upright officer to speak.
Right to inspect work and document coupled with non requirement of disclosure of purpose for seeking Information – may lead to harassment. Effective mechanism to keep out busybodies is worked out.
Common man will face the problem of sifting the Information voluntarily disclosed. Better if some assistance is provided to him in locating the Information he wants.
ROLE OF THE GOVERNMENTS
1) What is the role of central/state governments?
2) Who has the rule making power?
3) Who has the power to deal with the difficulties while implementing this act?
1. What is the role of central/state governments?
1. Develop educational programmes for the public especially disadvantaged communities on RTI.
2. Encourage public authorities to participate in the development and organization of such programmes.
3. Promote timely dissemination of accurate Information to the public.
4. Train officers and develop training materials.
5. Compile and disseminate a user guide for the public in the respective official language.
6. publish names, designation postal addresses and contact details of PIOS and other Information such as notices regarding fees to be paid, remedies available in law if request is rejected etc. (s.26)
2. Who has the rule making power?
Central government, state governments and the competent authority as defined in s.2 (e) are vested with powers to make rules to carry out the provisions of the Right to Information act, 2005. (s.27 & s.28)
3. Who has the power to deal with the difficulties while implementing this act?
If any difficulty arises in giving effect to the provisions in the act, the Central government may, by order published in the official gazette, make provisions necessary/expedient for removing the difficulty. (s.30).
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