Preparatory info of Cabinet documents under RTI ambit: CIC
PTI
New Delhi, September 3, 2010
Updated 21:03 IST
Exemption clauses of the RTI Act related to Cabinet documents will
apply only when proposals formulated are "actually" taken up for
consideration by the Cabinet, the Central Information Commission has
held.
The information which went into preparation of a cabinet note "but is
not a part of it" will qualify for disclosure as per provisions of the
Right to Information Act, a full bench of the Commission said
"A note that is withdrawn would therefore not constitute a Cabinet
Note and would consequently qualify for disclosure," the Bench
comprising Chief Information Commissioner Wajahat Habibullah and
Information Commissioners Satyananda Mishra and Deepak Sandhu held.
Section 8(1)(i) of the RTI Act exempts from disclosure cabinet papers
including records of deliberations of the Council of Ministers,
Secretaries and other officers till the decision has been taken.
"Exemption under Section 8(1)(i) will apply only when a Note is
submitted by the Ministry that has formulated it to the Cabinet
Secretariat for placing this before the Cabinet. All concomitant
information preceding that, which does not constitute a part of that
Cabinet Note, will then be open to disclosure," the Bench said.
The case relates to Human Rights activist Venkatesh Nayak who sought
from the Department of Personnel and Training a copy of the draft
Public Interest Disclosure and Protection of Informers' (PIDPI) Bill
approved by the Cabinet.
"The key issue for decision here, therefore, would appear to us to be
to distinguish what constitutes the stage of 'formulation', when
disclosure of draft legislation leading to policy is mandatory, as
against the stage of 'finalisation', when it will constitute a
document exempt from disclosure," it said.
The Bench said once a draft is submitted to the Cabinet Secretariat,
with all its necessary attachments for submission to the Cabinet, it
would remain exempt from disclosure till such time as the decision has
been taken and action to be taken thereon is "complete and over".
In Nayak's case, the Bench said, this is a request for information
after the draft Bill has been put in motion for submission to
Parliament.
"At that stage the disclosure would be in violation not only of
Section 8(1)(i) but also of Section 8(1)(c)," it said while rejecting
the request for the disclosure.
Section 8(1)(c) deals with documents disclosure of which will violate
Parliamentary privileges.
--
Urvashi Sharma
RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com
Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )
No comments:
Post a Comment