Obligations of public authorities for
disclosure of information under RTI Act
With regard to obligations of
public authorities, it is necessary to refer to the statement of objects and
reasons, the preamble and the relevant provisions of the RTI Act, 2005.
Statement of Objects and
Reasons.
In order to ensure greater and
more effective access to information, the Government resolved that The Freedom
of Information Act, 2002 enacted by the Parliament needs to be made more
progressive, participatory, and meaningful. The National Advisory Council
deliberated on the issue and suggested certain important changes to be
incorporated in the existing Act to ensure smoother and greater access to
information. The Government examined the suggestions made by the National
Advisory Council and others and decided to make a number of changes in the
law.
The important changes
proposed to be incorporated, inter alia, include establishment of an
appellate machinery with investigating power to review decisions of the Public
Information Officer; penal provisions for failure to provide information as per
law; provisions to ensure maximum disclosure and minimum exemptions,
consistent with the constitutional provisions, and effective mechanism for
access to information and disclosure by authorities, etc.
In view of significant
changes proposed in the existing Act, the Government also decided to repeal The
Freedom of Information Act, 2002. The proposed legislation will provide an
effective framework for effectuating the right to information recognized under
Article 19 of the Constitution of India.
Right to Information Bill, 2005 seeks to
achieve the above objectives.
Thus, RTI Act was enacted in order to ensure
smoother, greater and more effective access to information and provide an
effective framework for effectuating the right of information recognized under
Article 19(1)(a) the Constitution.
The Preamble to the RTI Act declares the
object sought to be achieved by the RTI Act thus:-
" An Act to provide for
setting out the practical regime of right to information for citizens to secure
access to information under the control of public authorities, in order to
promote transparency and accountability in the working of every public
authority, the constitution of a Central Information Commission and State
Information Commissions and for matters connected therewith or incidental
thereto.
Whereas the Constitution of
India has established democratic Republic; And whereas democracy requires an
informed citizenry and transparency of information which are vital to its
functioning and also to contain corruption and to hold Governments and their
instrumentalities accountable to the governed;
And whereas revelation of
information in actual practice is likely to conflict with other public
interests including efficient operations of the Governments, optimum use of
limited fiscal resources and the preservation of confidentiality of sensitive
information; And whereas it is necessary to harmonise these conflicting
interests while preserving the paramountcy of the democratic ideal."
Chapter II of the Act, containing
Sections 3 to 11 deals with right to information and obligations of
public authorities. Section 3 provides for right to information and reads
thus: "Subject to the provisions of this Act, all citizens shall have the
right to information." Section 3 of the RTI Act, is a sustentive Law
and makes it clear that the RTI Act gives a right to a citizen to only
access information, but not seek any consequential relief based on such
information.
Section 4 deals with
obligations of public authorities to maintain the records in the manner
provided and publish and disseminate the information in the manner
provided. Section 4(1) states,--
(1) Every public authority
shall--
4(1)(a) maintain all its records
duly catalogued, indexed and computerized, …
Section 4(1) (b)(i) to Section
4(1) (b)(xvii): Suo motu publish seventeen manuals regarding the details of
organizations;
Section 4(1) (c) publish all
relevant facts while formulating important policies or announcing the decisions
which affect public;
Sub-sections (2), (3) and (4) of
Section 4 relating to dissemination of information enumerated in Section
4(1)(b) & (c) are given below:
"(2) It shall be a constant endeavour of
every public authority to take steps in accordance with the requirements of
clause (b) of sub-section (1) to provide as much information suo motu to the
public at regular intervals through various means of communications, including
internet, so that the public have minimum resort to the use of this Act to
obtain information
.(3) For the purposes of sub-section (1), every
information shall be disseminated widely and in such form and manner which is
easily accessible to the public.
(4) All materials shall be
disseminated taking into consideration the cost effectiveness, local language
and the most effective method of communication in that local area and the
information should be easily accessible, to the extent possible in electronic
format with the Central Public Information Officer or State Public Information
Officer, as the case may be, available free or at such cost of the medium or
the print cost price as may be prescribed.
Dissemination of Information should be
available in local languages and PIO should have electronic copy of such
information to give any citizen seeking such information on payment. Act in
Section4(4) Explanation states,- "disseminated" means making known or
communicated the information to the public through notice boards, newspapers,
public announcements, media broadcasts, the internet or any other means,
including inspection of offices of any public authority.
• Case citation:-
In this connection, Delhi
High in the landmark judgement of Registrar Of Companies & Ors
vs Dharmendra Kumar Garg & Anr. Case No. W.P.(C) 11271/2009, Decided
on 1 June, 2012 has held that “Information which is held by a Public
Authority can alone be provided to an applicant. Information which is already
in the public domain has often been claimed as not being held by the Public
authority”. High Court of Delhi further observed as under:
The said expression “held by or
under the control of any public authority” used in section 2(j) of the RTI Act
deserves a wider and a more meaningful interpretation. The expression “Hold” is
defined in the Black’s Law dictionary, 6th Edition, inter alia, in the same way
as “to keep” i.e. to retain, to maintain possession of, or authority over.
“Para 37. Section 4(1)(a)
also lays emphasis on availability of recourses, when it talks about
computerization of the records. Therefore, in the exploitation and
implementation of the RTI Act, a delicate and reasonable balance is
required to be maintained. Nobody can go overboard or loose ones equilibrium
and sway in one direction or assume an extreme position either in favour of
upholding the right to information granted by the RTI Act, or to deny the
said right.
38. The Supreme Court in The
Institute of Chartered Accountants of India Vs. Shanauk H. Satya &
Others, Case No: Civil Appeal No. 7571/2011 decided on 02.09.2011,
observed that:
"it is necessary to make a
distinction in regard to information intended to bring transparency, to improve
accountability and to reduce corruption, falling under Section 4(1)(b)
and (c) and other information which may not have a bearing on accountability or
reducing corruption. The competent authorities under the RTI Act will
have to maintain a proper balance so that while achieving transparency, the
demand for information does not reach unmanageable proportions affecting other
public interests, which include efficient operation of public authorities and
government, preservation of confidentiality of sensitive information and
optimum use of limited fiscal resources."(emphasis supplied).
39. Therefore, if another
statutory provision, created under any other law, vests the right to seek
information and provides the mechanism for invoking the said right (which is
also statutory, as in this case) that mechanism should be preserved and operated,
and not destroyed merely because another general law created to empower the
citizens to access information has subsequently been framed.
40. Section 4 of the RTI Act
obliges every public authority, inter alia, to publish on its own, information
described in clause (b) of sub-Section (1) of Section 4. Sub-clause (xv) of
clause (b) obliges the public authority to publish "the particulars of
facilities available to citizens for obtaining information ..... .....
.....". In the present case, the facility is made available - not just to
citizens but to any person, for obtaining information from the ROC, under
Section 610 of the Companies Act, and the Rules framed thereunder above
referred to. Section 4(2) of the RTI Act itself postulates that in
respect of information provided by the public authority suo moto, there should
be minimum resort to use of the RTI Act to obtain information”.
--Similarly, the Hon’ble
Delhi High Court in the case of The Registrar Supreme Court of India v.
Commodore Lokesh K. Batra & Ors LPA 24/2015 & CM No. 965/2015 wherein
it was held as under:-
“15. On a combined reading
of Section 4(1)(a) and Section 2(i), it appears to us that the requirement is
only to maintain the records in a manner which facilitates the right to
information under the Act. As already noticed above, ‘right to information’
under Section 2(j) means only the right to information which is held by any
public authority. We do not find any other provision under the Act under which
a direction can be issued to the public authority to collate the information in
the manner in which is sought by the applicant”.
Courtesy- Prabhat Giri, RTI Expert
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