“Right to Information - as a tool for Empowerment” Ms Shobhalata. V. Udapudi M.Sc. LL.M. Principal B. V. Bellad Law College, Belgaum & Life Member & Joint

““Right to Information - as a tool for Right to Information - as a tool for EmpowermentEmpowerment””

Ms Shobhalata. V. UdapudiMs Shobhalata. V. Udapudi

M.Sc. M.Sc. LL.M.LL.M.

Principal B. V. Bellad Law College, Principal B. V. Bellad Law College, Belgaum & Life Member & Joint Belgaum & Life Member & Joint

Secretary, Secretary,

K.L.E. Society, Belgaum.K.L.E. Society, Belgaum.

SynopsisSynopsis

IntroductionIntroduction International ScenarioInternational Scenario International Right – to Know DayInternational Right – to Know Day International Conventions:International Conventions: What are the benefits of the ActWhat are the benefits of the Act?? Evolution of the RTI ActEvolution of the RTI Act Right To Information and The Indian Right To Information and The Indian

ConstitutionConstitution The Power of The Right To The Power of The Right To

InformationInformation

Synopsis contn….. Synopsis contn….. What are the salient features of the Act?What are the salient features of the Act? What information is exempted from What information is exempted from

disclosure by public authorities?disclosure by public authorities? What information will be proactively What information will be proactively

disclosed by public authorities?disclosed by public authorities? How much time does the authority have to How much time does the authority have to

reply?reply? What can I do if my request is rejected?What can I do if my request is rejected? Frivolous or vexatious requestsFrivolous or vexatious requests Challenges to RTI ActChallenges to RTI Act Controversy about notings:Controversy about notings: Areas of concernAreas of concern

IntroductionIntroduction

‘ ‘No man is good enough to No man is good enough to govern another man without that govern another man without that other’s consent.’other’s consent.’

Abraham Lincoln on Government by consent, 1854Abraham Lincoln on Government by consent, 1854

International ScenarioInternational Scenario

240 years ago,240 years ago, Sweden passed the Sweden passed the first freedom of information law in first freedom of information law in the law world, principally sponsored the law world, principally sponsored by a Finnish clergyman Ander by a Finnish clergyman Ander Chydenius, who had been inspired by Chydenius, who had been inspired by the humanist Confucian philosophy the humanist Confucian philosophy ……

… … and the fact that the Chinese and the fact that the Chinese emperors were expected to:emperors were expected to:

admit their own imperfection as a admit their own imperfection as a proof for their love of the truth and proof for their love of the truth and

in fear of ignorance and darkness.” in fear of ignorance and darkness.”

CHRONOLOGY OF FOI LAWSCHRONOLOGY OF FOI LAWS SwedenSweden 17661766 ColombiaColombia 18881888 FinlandFinland 19511951 U.S.A.U.S.A. 19661966 Denmark, NorwayDenmark, Norway 19701970 FranceFrance 19781978 Australia, New ZealandAustralia, New Zealand 19821982 CanadaCanada 19831983

So far, 68 countries have passed FOI laws.So far, 68 countries have passed FOI laws.

International Right – to Know DayInternational Right – to Know DaySeptember 28September 28thth of each year of each year

International Conventions:International Conventions:

United Nations General Assembly, in United Nations General Assembly, in its session in 1946, adopted Resolution its session in 1946, adopted Resolution

59(I), which states: 59(I), which states:

“Freedom of information is a “Freedom of information is a fundamental human right and … the fundamental human right and … the

touchstone of all the freedoms to which touchstone of all the freedoms to which the UN is consecrated”.the UN is consecrated”.

Article 19 of the ‘Universal Declaration of Human Article 19 of the ‘Universal Declaration of Human Right’, a United Nations General Assembly Right’, a United Nations General Assembly

Resolution 217 (III)A of 1948 Resolution 217 (III)A of 1948

recognises Freedom of Expression including recognises Freedom of Expression including Freedom of Information and Free Press – a Freedom of Information and Free Press – a

fundamental human right. Freedom of Expression fundamental human right. Freedom of Expression includes the right to seek, receive and impart includes the right to seek, receive and impart

information and right to access information held by information and right to access information held by public authorities.public authorities.

Article 19(2) of the ‘International Covenant Article 19(2) of the ‘International Covenant on Civil and Political Rights’ (ICCPR), a on Civil and Political Rights’ (ICCPR), a United Nations General Assembly United Nations General Assembly Resolution 2200A (XXI) of 1966 statesResolution 2200A (XXI) of 1966 states: :

““Every shall have the right to freedom of Every shall have the right to freedom of expression; this right shall include freedom expression; this right shall include freedom to seek, receive and impart information to seek, receive and impart information and ideas of all kinds, regardless of and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, frontiers, either orally, in writing or in print, in the form of art, or through any media of in the form of art, or through any media of his choice.” his choice.”

Article 10 of the U.N. Convention Article 10 of the U.N. Convention against Corruption 2005 states: “…to against Corruption 2005 states: “…to combat corruption, each (member combat corruption, each (member State) shall, in accordance with the State) shall, in accordance with the fundamental principles of its domestic fundamental principles of its domestic law, take such measures as may be law, take such measures as may be necessary to enhance transparency in necessary to enhance transparency in its public administrationits public administration

The World Conference on Human Rights, The World Conference on Human Rights, held in Vienna in 1993 has declared that the held in Vienna in 1993 has declared that the Right to Development adopted by United Right to Development adopted by United Nations General Assembly 1986 is a Nations General Assembly 1986 is a universal and inalienable right and an universal and inalienable right and an integral part of fundamental human rights. integral part of fundamental human rights. Right to freedom of expression is regarded Right to freedom of expression is regarded as closely linked to the right to development.as closely linked to the right to development.

Benefits of the ActBenefits of the Act

There are long-term benefits:There are long-term benefits: In the In the political political sphere,sphere, In the In the Economic Economic sphere, sphere, In the sphere of In the sphere of public public

administrationadministration, ,

Evolution of the RTI ActEvolution of the RTI Act

The Government of India, Department of The Government of India, Department of Personnel, decided to set-up a ‘Working Personnel, decided to set-up a ‘Working Group’ (on the ‘Right to Information and Group’ (on the ‘Right to Information and

Promotion of Open and Transparent Promotion of Open and Transparent Government’) in January 1997 under the Government’) in January 1997 under the chairmanship of Mr. H.D. Shouri, which chairmanship of Mr. H.D. Shouri, which

submitted its comprehensive and detailed submitted its comprehensive and detailed report and the draft bill on Freedom of report and the draft bill on Freedom of

Information in May 1997.Information in May 1997.

The need to enact a law on right to The need to enact a law on right to information was recognised information was recognised

unanimously by the Chief Minister unanimously by the Chief Minister Conference on “Effective and Conference on “Effective and

Responsive Government”, held on 24Responsive Government”, held on 24thth May, 1997 at New DelhiMay, 1997 at New Delhi. .

The Government of India introduced the The Government of India introduced the Freedom of Information Bill, 2000 (Bill No.98 Freedom of Information Bill, 2000 (Bill No.98 of 2000) in the Lok Sabha on 25of 2000) in the Lok Sabha on 25thth July, 2000. July, 2000.

The Bill, which cast an obligation upon The Bill, which cast an obligation upon public authorities to furnish such information public authorities to furnish such information

wherever asked for, was passed by the wherever asked for, was passed by the Parliament as the Freedom of Information Parliament as the Freedom of Information

Act 2002. Act 2002.

Later, however, the UPA Government Later, however, the UPA Government decided to repeal the FOI Act, and enacted decided to repeal the FOI Act, and enacted a new legislation, the Right to Information a new legislation, the Right to Information Act, 2005 (RTIA) to provide an effective Act, 2005 (RTIA) to provide an effective framework for effectuating the right of framework for effectuating the right of information recognised under Article 19(1)information recognised under Article 19(1)(a) of the Constitution of India. (a) of the Constitution of India.

The Power of The Right To The Power of The Right To InformationInformation

Smt. Khasim Bee caseSmt. Khasim Bee case Mazdoor Kisan Shakti Sangathan Mazdoor Kisan Shakti Sangathan

(MKSS) (MKSS)

Salient features of the ActSalient features of the Act Universal access to information held by the public Universal access to information held by the public

authorities all citizens have access to information, authorities all citizens have access to information, pertaining to any period, in any form, in official pertaining to any period, in any form, in official language. language.

Right to information includes inspection of Right to information includes inspection of records, works and taking certified samples of records, works and taking certified samples of material.material.

““Information” broadly defined-includes: records, e-Information” broadly defined-includes: records, e-mails, samples and models.mails, samples and models.

Covers all public authorities, NGOs, private bodies Covers all public authorities, NGOs, private bodies subject to provisions. subject to provisions.

Public Information Officers (“P.I.O.”) to provide Public Information Officers (“P.I.O.”) to provide information.information.

Salient features of the Act Salient features of the Act cont….. cont…..

Only absolute exemption from disclosure of Only absolute exemption from disclosure of information.information.

All other exemptions are subject to public All other exemptions are subject to public interest test.interest test.

Voluntary disclosure of maximum (17 categories Voluntary disclosure of maximum (17 categories of) information on National wide network.of) information on National wide network.

No prescribed form.No prescribed form. Reasonable fees.Reasonable fees. Allows partial disclosure.Allows partial disclosure. P.I.O. has the duty to assists requesters. P.I.O. has the duty to assists requesters. No need to give reasons for requesting No need to give reasons for requesting

information.information.

Salient features of the Act Salient features of the Act cont…..cont…..

Information concerns the life and liberty to be Information concerns the life and liberty to be provided within 48 hoursprovided within 48 hours

Information to be provide expeditiously, within Information to be provide expeditiously, within 30 days of receipt of request.30 days of receipt of request.

Deemed to be refused if no response is given.Deemed to be refused if no response is given. Internal First Appeals against PIO’s decisions on Internal First Appeals against PIO’s decisions on

fees/form of access/ rejection/partial fees/form of access/ rejection/partial disclosures.disclosures.

Independent Information Commissions at Independent Information Commissions at Central and State levels.Central and State levels.

Citizens can directly make complaints and Citizens can directly make complaints and appeals to information Commissions.appeals to information Commissions.

Salient features of the Act Salient features of the Act cont…..cont…..

Presumption in favour of disclosure of Presumption in favour of disclosure of information – Burden of proof on P.I.O.information – Burden of proof on P.I.O.

Overriding effect on other secrecy laws.Overriding effect on other secrecy laws. Penalties on delinquent P.I.O.s. Penalties on delinquent P.I.O.s. A Guide, which includes the details of A Guide, which includes the details of

P.I.O.s of all public authorities.P.I.O.s of all public authorities. Educational programmes to disadvantaged Educational programmes to disadvantaged

communities.communities. Annual reporting by the Information Annual reporting by the Information

Commissions Commissions

The Act defines information as any The Act defines information as any material in any form including: material in any form including:

Records * Documents * Memos * E-Records * Documents * Memos * E-mails * Opinions * Advices *Press mails * Opinions * Advices *Press releases * Circulars * Orders * Logbooks releases * Circulars * Orders * Logbooks *Contracts * Reports *Papers * Samples *Contracts * Reports *Papers * Samples * Models * Data material held in any * Models * Data material held in any electronic form; and * Information electronic form; and * Information relating to any private body which can relating to any private body which can be accessed by a public authority under be accessed by a public authority under any other law for the time being in any other law for the time being in force.force.

The Act specifies “Records” to The Act specifies “Records” to include:include:

Any document, manuscript and file;Any document, manuscript and file; Any microfilm, microfiche and Any microfilm, microfiche and

facsimile copy of a document;facsimile copy of a document; Any reproduction of image or images Any reproduction of image or images

embodies in such microfilm (whether embodies in such microfilm (whether enlarged or not); andenlarged or not); and

Any other material produced by a Any other material produced by a computer or any other device. computer or any other device.

Information exempted from disclosure by Information exempted from disclosure by public authoritiespublic authorities

Information, disclosure of which would Information, disclosure of which would prejudicially affect the prejudicially affect the SovereigntySovereignty and and integrity of India, the security, strategic, integrity of India, the security, strategic, scientific or economic interests of the State, scientific or economic interests of the State, relation with foreign State or lead of incitement relation with foreign State or lead of incitement of an offence; of an offence;

Information which has been expressly forbidden Information which has been expressly forbidden to be published by any court of law or tribunal to be published by any court of law or tribunal or the disclosure of which any constitute or the disclosure of which any constitute contempt of courtcontempt of court;;

Information, the disclosure of which would Information, the disclosure of which would cause a cause a breach of privilegebreach of privilege of Parliament or of Parliament or the State Legislature the State Legislature

Information exempted from disclosure by Information exempted from disclosure by public authorities cont….public authorities cont….

Information including commercial confidence, Information including commercial confidence, trade secretstrade secrets or intellectual property, the or intellectual property, the disclosure of which would harm the competitive disclosure of which would harm the competitive position of a third party, unless the competent position of a third party, unless the competent authority is satisfied that larger public interest authority is satisfied that larger public interest warrants the disclosure of such information; warrants the disclosure of such information;

Information available to a person in his Information available to a person in his fiduciaryfiduciary relationship, unless the competent relationship, unless the competent authority is satisfied that the larger public authority is satisfied that the larger public interest warrants the disclosure of such interest warrants the disclosure of such information;information;

Information received in confidence from Information received in confidence from foreign Governmentforeign Government; ;


Information, the disclosure of which would Information, the disclosure of which would endanger the endanger the lifelife or physical safety of any or physical safety of any person or identify the source of information or person or identify the source of information or assistance given in confidence for law assistance given in confidence for law enforcement or security purposes;enforcement or security purposes;

Information which would impede the process of Information which would impede the process of investigationinvestigation or apprehension or prosecution or apprehension or prosecution of offenders;of offenders;


Cabinet papersCabinet papers including records of deliberations including records of deliberations of the Council of Ministers, Secretaries and other of the Council of Ministers, Secretaries and other officers Provided that the decisions of Council of officers Provided that the decisions of Council of Ministers, the reasons thereof, and the material on Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be the basis of which the decisions were taken shall be made public after the decision has been taken, a the made public after the decision has been taken, a the matter is complete, of over: Provided further that matter is complete, of over: Provided further that those matters which come under the exemptions those matters which come under the exemptions specified in this section shall not be disclosed; specified in this section shall not be disclosed;

Information which relates to Information which relates to personal informationpersonal information the disclosure of which has no relationship to any the disclosure of which has no relationship to any public activity or interest, or which would cause public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unwarranted invasion of the privacy of the individual unless the Public Information Officer is satisfied that unless the Public Information Officer is satisfied that the larger public justifies the disclosure of such the larger public justifies the disclosure of such information information

Information will be proactively disclosed Information will be proactively disclosed by public authoritiesby public authorities

Every public authority must publish in the Every public authority must publish in the local language the following information: local language the following information:

The particulars of its organisatin, functions The particulars of its organisatin, functions and duties;and duties;

The powers and duties of its officers and The powers and duties of its officers and employees;employees;

The procudure followed in the decision The procudure followed in the decision making process, including channels of making process, including channels of supervision and accountability;supervision and accountability;

The norms set by it for the discharge of its The norms set by it for the discharge of its functions;functions;

Information will be proactively disclosed Information will be proactively disclosed by public authorities cont….. by public authorities cont…..

The rules, regulations, instructions, manuals The rules, regulations, instructions, manuals and records, held by it or under its control and records, held by it or under its control or used by its employees for discharging its or used by its employees for discharging its functions;functions;

A statement of the categories of documents A statement of the categories of documents that are held by it or under its control;that are held by it or under its control;

The particulars of any arrangement that The particulars of any arrangement that exists for consultation with, or exists for consultation with, or representation by, the members of the representation by, the members of the public in relation to the formulation of its public in relation to the formulation of its policy or implementation thereof;policy or implementation thereof;

Information will be proactively disclosed Information will be proactively disclosed by public authorities cont…..by public authorities cont…..

A statement of the boards, councils, A statement of the boards, councils, committees and other bodies consisting of committees and other bodies consisting of two or more persons constituted as its part two or more persons constituted as its part of for the prupose of its advice, and as to of for the prupose of its advice, and as to whether meetings of those boards, whether meetings of those boards, councils, committees and other bodies are councils, committees and other bodies are open to the public, or the minutes of such open to the public, or the minutes of such meetings are accessible for meetings are accessible for

Public;Public; A directory of its officers and employees;A directory of its officers and employees;


The monthly remuneration received by each The monthly remuneration received by each of its officers and employees, including the of its officers and employees, including the system of compensation as provided in its system of compensation as provided in its regulations;regulations;

The budget allocated to each of its agency, The budget allocated to each of its agency, indicating the particulars of all plans, indicating the particulars of all plans, proposed expenditures and reports on proposed expenditures and reports on disbursements made;disbursements made;

The manner of execution of subsidy The manner of execution of subsidy programmes, including the amounts programmes, including the amounts allocated and the details of beneficiaries of allocated and the details of beneficiaries of such programmes;such programmes;


Particulars of recipients of concessions, Particulars of recipients of concessions, permits or authorizations grated by it; permits or authorizations grated by it;

Details in respect of the information, Details in respect of the information, available to or held by it, reduced in an available to or held by it, reduced in an electronic form;electronic form;

The particulars of facilities available to The particulars of facilities available to citizens for obtaining information, citizens for obtaining information, including the working hours of a library or including the working hours of a library or reading room, if maintained for public use;reading room, if maintained for public use;


The names, designations and other The names, designations and other particulars of the Public Information particulars of the Public Information Officers;Officers;

Such other information as may be Such other information as may be prescribed; and thereafter update these prescribed; and thereafter update these publications every year;publications every year;

How much time does the authority How much time does the authority have to reply?have to reply?

Citizen Public Information Officer

Information in 30 days

Request

ORInformation in 40 days

(Information related to 3rd party)

(48 hours – if information concerns the life or liberty)(Add 5 days if the request is submitted to Assistant Public

Information Officer)

What can I do if my request is rejected?What can I do if my request is rejected?

Flow Chart of the Request for Information(If Rejected)

RequestDecision

Ist AppealDecision

2nd Appeal

90 days

DecisionCitizen

30/40 days PIO

30/45 days

Senior Officer

30/45 days

Central/ State

informa-tion

Commi-ssioner

Complaint

Failure to provide information within the specified period is deemed as refusal.

Frivolous or vexatious requestsFrivolous or vexatious requests

Individual requests as “vexatious”Individual requests as “vexatious” The applicant makes clear his or her intentionThe applicant makes clear his or her intention The authority has independent knowledge of the The authority has independent knowledge of the

intention of the applicantintention of the applicant The request clearly does not have any serious The request clearly does not have any serious

purpose or valuepurpose or value The effect of redaction would be a render The effect of redaction would be a render

information worthlessinformation worthless The request is for information which is clearly The request is for information which is clearly

exemptexempt The request can fairly be characterized as obsessive The request can fairly be characterized as obsessive

or manifestly unreasonableor manifestly unreasonable

Challenges to RTI ActChallenges to RTI Act

Open for legal and administrative Open for legal and administrative interpretations.interpretations.

Open for easy amendments.Open for easy amendments.

RTI Act should be considered as an RTI Act should be considered as an intermediate step and we should aim at a intermediate step and we should aim at a constitutionally entrenched constitutionally entrenched fundamental right to information beyond fundamental right to information beyond the pale of legislative and executive the pale of legislative and executive encroachment.encroachment.

Challenges to RTI Act contd…Challenges to RTI Act contd…

The real information stake holders-the The real information stake holders-the deprived masses are engrossed in their deprived masses are engrossed in their basic fight for survival-how the benefits of basic fight for survival-how the benefits of RTI Act can be made to reach them.RTI Act can be made to reach them.

Right to be informed Right to be informed component of the component of the Act should be extensively worked than Act should be extensively worked than Right to informationRight to information component. component.

Government should inform to such an Government should inform to such an extent that recourse to RTI Act should be of extent that recourse to RTI Act should be of last resort. last resort.


Two pronged approach necessary to realise Two pronged approach necessary to realise RTI ActRTI Act

1.1. Civil society has to gear up in real earnest and Civil society has to gear up in real earnest and must propagate the message that must propagate the message that frivilous and frivilous and unnecessary applications would defeat the unnecessary applications would defeat the intent and ultimate purposeintent and ultimate purpose of the Act of the Act

2.2. Concerted effort on the part of government. Concerted effort on the part of government.

- Planned investment in ICT- Planned investment in ICT

- Well defined information Strategy Planning (ISP)- Well defined information Strategy Planning (ISP)


Information strategy Planning be such as Information strategy Planning be such as to provide on web site:to provide on web site:

- - comprehensive and update details of comprehensive and update details of government schemes, programmes, government schemes, programmes,

- their delivery system-up from sanctioning levels - their delivery system-up from sanctioning levels to the application level at gross rootto the application level at gross root

Then information applications will be Then information applications will be reduced to minimum substantive issue. reduced to minimum substantive issue.

Controversy about notings:Controversy about notings:

Sec. 2(i) “record” includes “file”Sec. 2(i) “record” includes “file”

File consists of a “note” portion and a File consists of a “note” portion and a “correspondence” portion. “correspondence” portion.

““Note portion consists of chain of ‘notes Note portion consists of chain of ‘notes and orders’ relating to papers under and orders’ relating to papers under consideration.consideration.

““Correspondence” portion consists of Correspondence” portion consists of papers under consideration serially filed. papers under consideration serially filed.

Controversy about notings contd…Controversy about notings contd…

Uncalled for fear that exposing note Uncalled for fear that exposing note portion would inhibit executive-both portion would inhibit executive-both permanent and political from discharging permanent and political from discharging their functions objectively.their functions objectively.

Uncalled for because honest persons not Uncalled for because honest persons not being parties to wrong decisions will also being parties to wrong decisions will also come out. If not remains secret, honest come out. If not remains secret, honest officers also will take blame.officers also will take blame.

Requirement of disclosure would infuse Requirement of disclosure would infuse objectively in discharge of functions. objectively in discharge of functions.

Controversy about notings contd…Controversy about notings contd…

Note provides an information trail that Note provides an information trail that connects the decision to its cause its connects the decision to its cause its disclosure is a must to fix accountability. disclosure is a must to fix accountability.

In In Satyapal v. TCILSatyapal v. TCIL (ICOB/A1/2006), the (ICOB/A1/2006), the Central Information Commission has held Central Information Commission has held that “no file would be complete without that “no file would be complete without note sheets having file notings. …. A note sheets having file notings. …. A citizen has the right of access to a file of citizen has the right of access to a file of which the file notings are an integral part.”which the file notings are an integral part.”

Areas of concernAreas of concern

Appointed of information commissioners-Appointed of information commissioners-persons with impeccable integrity should persons with impeccable integrity should be appointed. It is difficult for a bureaucrat be appointed. It is difficult for a bureaucrat who has guarded information till now to who has guarded information till now to cope up with the new requirement cope up with the new requirement overnight. overnight.

Attitudinal change on the part of all the Attitudinal change on the part of all the authorities and personnel in public life authorities and personnel in public life convince that itj is a freedom for the convince that itj is a freedom for the honest and upright officer to speak. honest and upright officer to speak.

Areas of concern contd….Areas of concern contd….

Right to inspect work and document coupled Right to inspect work and document coupled with non requirement of disclosure of with non requirement of disclosure of purpose for seeking information – may lead purpose for seeking information – may lead to harassment. Effective mechanism to keep to harassment. Effective mechanism to keep out busybodies be worked out.out busybodies be worked out.

Common man will face the problem of sifting Common man will face the problem of sifting the information voluntarily disclosed. Better if the information voluntarily disclosed. Better if some assistance is provided to him in some assistance is provided to him in locating the information he wants.locating the information he wants.

Controversy about notingsControversy about notings

Sec. 2(i) “record” includes “file”Sec. 2(i) “record” includes “file”File consists of a “note” portion and a File consists of a “note” portion and a

“correspondence” portion. “correspondence” portion. ““Note portion consists of chain of ‘notes and orders’ Note portion consists of chain of ‘notes and orders’

relating to papers under consideration.relating to papers under consideration. ““Correspondence” portion consists of papers under Correspondence” portion consists of papers under

consideration serially filed.consideration serially filed. Uncalled for fear that exposing note portion would Uncalled for fear that exposing note portion would

inhibit executive-both permanent and political from inhibit executive-both permanent and political from discharging their functions objectively.discharging their functions objectively.

Uncalled for because honest persons not being Uncalled for because honest persons not being parties to wrong decisions will also come out. If not parties to wrong decisions will also come out. If not remains secret, honest officers also will take blame.remains secret, honest officers also will take blame.

Controversy about notings cont….Controversy about notings cont….

Requirement of disclosure would infuse Requirement of disclosure would infuse objectively in discharge of functions. objectively in discharge of functions.

Note provides an information trail that connects Note provides an information trail that connects the decision to its cause its disclosure is a must to the decision to its cause its disclosure is a must to fix accountability. fix accountability.

In In Satyapal v. TCILSatyapal v. TCIL (ICOB/A1/2006), the Central (ICOB/A1/2006), the Central Information Commission has held that “no file Information Commission has held that “no file would be complete without note sheets having would be complete without note sheets having file notings. …. A citizen has the right of access to file notings. …. A citizen has the right of access to a file of which the file notings are an integral a file of which the file notings are an integral part.”part.”

Areas of concernAreas of concern

Appointed of information commissioners-Appointed of information commissioners-persons with impeccable integrity should persons with impeccable integrity should be appointed. It is difficult for a bureaucrat be appointed. It is difficult for a bureaucrat who has guarded information till now to who has guarded information till now to cope up with the new requirement cope up with the new requirement overnight. overnight.

Attitudinal change on the part of all the Attitudinal change on the part of all the authorities and personnel in public life authorities and personnel in public life convince that itj is a freedom for the convince that itj is a freedom for the honest and upright officer to speak. honest and upright officer to speak.

Areas of concern cont….Areas of concern cont….

Right to inspect work and document coupled Right to inspect work and document coupled with non requirement of disclosure of with non requirement of disclosure of purpose for seeking information – may lead purpose for seeking information – may lead to harassment. Effective mechanism to keep to harassment. Effective mechanism to keep out busybodies be worked out.out busybodies be worked out.

Common man will face the problem of Common man will face the problem of sifting the information voluntarily disclosed. sifting the information voluntarily disclosed. Better if some assistance is provided to him Better if some assistance is provided to him in locating the information he wants. in locating the information he wants.

Knowledge will forever govern Knowledge will forever govern ignorance, and a people who mean to ignorance, and a people who mean to be their own governors, must arm be their own governors, must arm themselves with the power knowledge themselves with the power knowledge gives. A popular govt. without gives. A popular govt. without popular information or the means of popular information or the means of acquiring it is but a prologue to a acquiring it is but a prologue to a farce or a tragedy or perhaps both.farce or a tragedy or perhaps both.

James Madison.James Madison.

Thank you Thank you