RTI ACT : Marching Towards Betterment

Constitution-bench verdict dated 13.11.2019 by Supreme Court declaring even office of Chief Justice of India as public-authority under RTI Act is welcome, but may not serve the purpose till central government takes more corrective measures. Otherwise as usual, bodies declared public-authority by CIC will challenge CIC-verdicts in High Courts for easy stay-orders and unending adjournments thus unnecessarily involving precious time of CIC and courts.

Enlarging scope of public-authorities

Remedy is that central government by notification may declare all public-private-partnerships, sports-bodies, cooperative-societies and other such bodies, public-authorities under RTI Act. Land and Building Departments of central and state governments should study all cases of allotment of land or government-accommodations at subsidised rates or lease, and declare all these as public-authorities under RTI Act.

It is noteworthy that Central Government in a reply in the Parliament has revealed that it has advised National Dairy Development Board (NDDB) to abide by CIC-decision 15.04.2011 upheld by single-bench of Delhi High Court by its order dated 02.02.2015 to bring Mother Dairy under RTI Act. Presently Mother Dairy has filed an appeal at Division Bench of Delhi High Court. Rather all NDDB subsidiaries should be covered under RTI Act. Most people and even public-authorities are unaware of the fact that NDDB has to provide information about its subsidiaries including Mother Dairy under section 2(f) of RTI Act with NDDB being the regulatory body for its subsidiaries.

Retired Central Chief Information Commission RK Mathur (now Lt Governor of Ladakh) in a CIC-verdict noted that Institute of Banking Personnel Selection IBPS is not a public-authority under RTI Act even though four million candidates appear every year for examinations conducted by it. For future, an undertaking should be taken from all bodies being given land or government-accommodations at subsidised rates or substantial government-funding that these will be under purview of RTI Act.

Co-operative giant IFFCO through which annual fertiliser-subsidy of rupees thousands of crores is routed gifted prime-properties worth rupees hundreds of crores in New Delhi to its office-bearers with even Comptroller and Auditor General report pointing out massive irregularities in functioning of IFFCO.

BCCI challenged CIC-verdict ordering it as public-authority under RTI Act at Madras High Court despite Union Ministry of Sports supporting CIC-verdict in this respect. It is noteworthy that even Law Commission on being approached by central government subsequent to Supreme Court directions, opined in favour of BCCI to be under purview of RTI Act.

But at the same time, civil society while expecting too much from the Central Government should also ensure that Indian transparency Act which is virtually the best of such Acts in the world (first few countries in global-ranking cover only with some millions of population while Indian Act covers 1.3 billion people) may not be misused. Rather Central Government should make necessary reforms so that not only misuse of RTI act may be checked, but it may save manhours and expenses for both the public-authorities and the petitioners.

Prime Minister’s commitment towards public-cause through RTI Act

Honourable Prime Minister while addressing the gathering on occasion of formal inauguration of new CIC-building on 06.03.2018 in New Delhi once again repeated his earlier speech at annual CIC-convention on 16.10.2015 wherein he required authorities to deeply go through sense behind RTI applications even after their disposal as per provisions of RTI Act. Majority of RTI applications reaching before Central Information Commission (CIC) require request for redressal of grievances, even though RTI is not directly any provision for this. However Commissioners at CIC try to help by asking authorities appearing before them to help the petitioners otherwise. Prime Minister in his speech also talked about ‘transparent’ mechanism for Padma awards by his government because of RTI applications filed usually in earlier regime.

At CIC-convention on 16.10.2015 at Vigyan Bhawan (New Delhi), Honourable Prime Minister also stressed on making records digital, which can be a better feature towards e-governance.

CIC marches towards e-governance through paperless working as role-model for other public-authorities

Officers and staff of Central Information Commission CIC deserve full compliments for fulfilling commitment of Chief Information Commissioner towards successfully achieving almost a total paperless working as per ambitious government-plan for e-governance. It was nice presentation on 09.01.2019 by CIC-team at CIC-Bhawan New Delhi to explain in detail about the new paperless system with photographic comparison of old and new system where old system with full junk of files is now replaced by paperless working tables not only for Commissioners but for complete CIC-staff.

CIC should however make public on its website some of salient features of new paperless system which are presently available for their internal working only. Section-wise updated listing of decided court-cases and details of on-going court-cases challenging CIC-verdicts, updated section-wise compilation of DoPT circulars and complete case-files of listed cases at CIC should be put on regular CIC-website available for public-viewing. This will provide appellants, respondents and their representatives to put their cases more effectively during CIC-hearings. Making complete case-files at CIC public is of utmost necessity where presently co-respondents (public-authorities) cannot view case-files for getting themselves prepared for CIC-hearings.

Basic RTI fees should be uniform throughout the country

Section 27 and 28 of RTI Act give power to Competent Authorities and state-governments to draft their own rules which include fixing of RTI fees and mode of payment of RTI fees. Several Competent Authorities and states misused their power by having RTI fees as high as rupees 500, which in fact was aimed to discourage RTI Act. Several states fixed RTI fees for filing First Appeals also. However Supreme Court in its verdict dated 20.03.2018 on a petition filed by Common Cause imposed a capping of rupees fifty to be maximum RTI fees.

India should be governed with the principle “One Nation – One Rule” at least in respect of RTI fees and its mode of payment. Best is to club copying-charges of first twenty copied pages (rupees forty) with basis RTI fees of rupees ten (for public-authorities under Central Government) thus making Rupees Fifty as uniform RTI fees throughout the country inclusive of charges of first twenty copied pages. Such a system will not affect poor persons below poverty line (BPL category) because they are already exempted from paying RTI fees. However to prevent big contractors and others misusing the provision by filing RTI applications under names of their workers of BPL category to get copying-charges in thousands of rupees waived off, persons under BPL category may be required to pay copying-charges for copied pages exceeding twenty.

Such clubbing of cost of first twenty copied pages with existing RTI fees of rupees ten to make basic RTI fees uniformly at rupees fifty inclusive of copying charges of first twenty copied pages will prevent misuse of RTI Act because of such a low rather irrelevant and negligible fees of just rupees ten fixed fourteen years back that too at a time when cost and fees for other government-services have been revised manifolds like of railway-platform ticket and affidavit-papers. On the other hand, providing first twenty copied pages free-of-cost with suggested basic and inform RTI fees of rupees fifty will be advantageous for both the public-authorities and the petitioners in terms of man-hours and postal-charges in demanding and remitting copying-charges.

Need to accept repeated CIC-recommendations for issue of RTI stamps

With public-authorities going totally cashless, many of them like at National Green Tribunal (NGT) have even stopped accepting RTI fees of just rupees ten in cash, asking RTI applicants to enclose postal-orders of rupees ten as RTI fees. Many post-offices like at Baroda House (New Delhi) do not sell postal-orders. Others even including Head Post Office at Parliament Street (New Delhi) restrict sale of postal-orders by 4 pm even though these big post-offices work till late in the evening. Even otherwise handling cost of a postal-order of value rupees ten costs postal-department about rupees fifty with cost of handling of postal-orders by a public-authority and bank-clearing even extra. Most public-authorities require postal-orders in different names even though DoPT in its various circulars has required postal-orders towards RTI payments to be in name of Accounts-Officer only.

Only and best remedy to overcome situation is to accept frequent CIC-verdicts and administrative-request of CIC by postal-department to issue special RTI stamps (like earlier stamps for payment of licence-fees of radios and TV sets) in denominations of rupees 2, 10 and 50 which will save crores of rupees annually to public-exchequers in using postal-orders as mode of payment of RTI fees. These RTI stamps should be conveniently available at all post-offices and counters of public-authorities and other convenient sale-points

Till such time, all public-authorities should be directed to accept cash as RTI fees with postal-orders in denominations of rupees ten to be compulsorily available at all post-offices to be sold till closing-hours of concerned post-offices.

Provision of sending post-free RTI applications be extended to all about 160000 post-offices

Post-free RTI applications addressed to central public-authorities should be extended to all about 160000 post-offices rather than just about 4500 post offices presently. It is not difficult because every post-office however small it may be, daily sends post-bag to Head Post Office with registered post, cash and unsold revenue-articles. This post-bag can carry post-free RTI applications received at the post-office. Rather special RTI envelopes costing rupees fifty (in case basic RTI fees is increased to rupees fifty as suggested above) should be introduced by postal-department together with suggested RTI stamps where these RTI envelopes can be attached with RTI applications by public-authorities as proof of payment of RTI fees.

Provision of auto-emailing of RTI responses be there on RTI applications filed on-line

Portal for filing on-line RTI applications should be modified so that RTI responses and orders of First Appellate Authorities may also be auto-emailed rather than RTI applicants required to go to portal for viewing of RTI responses. SMS-alerts about emailing of RTI responses can also be there. Rather it will be still more advantageous for users of RTI Act if RTI responses may be e-mailed on email IDs provided on RTI applications filed through hard copies

Implement order of Punjab-Haryana High Court order to make ID proof compulsory with every RTI application, First Appeal and petitions before Information Commissions

Railway Board has made it compulsory to attach ID proof of RTI applicant with RTI applications. It was much desired to prevent fake RTI applications being filed in name of others. Department of Personnel and Training DoPT should issue a circular in tune with para 23 of verdict dated 02.11.2012 in the matter-Fruit and Vegetable Union versus Unknown (CWP 4787 of 2011) which requires ID proof compulsory to be attached with every RTI application, First Appeal and Second Appeal or complaint filed with Information Commissions. Already the aspect has been adopted at Odisha. Those who do not want to disclose their identity, can file RTI applications through post-box hired at some post-office.

There is no logic in opposing the move wherein some NGOs and RTI activists oppose the idea by saying that it will expose identity of RTI applicants. Identity is already disclosed through names and addresses given on RTI applications Requirement of ID proof is just to ensure about genuineness of RTI applicants. Otherwise also the step is of utmost importance to prevent non-Indians filing RTI applications because RTI Act, 2005 is meant only for Indian citizens only. In absence of ID proof, public-authorities cannot distinguish those Indians who have same Indian name but have taken nationality of other nations.

Uniformity in websites for filing online RTI applications necessary

Only websites uniformly designed by National Informatics Centre (NIC) should be mandatorily be there for all states. This has become necessary for state like Odisha has made online filing of RTI applications merely a mockery when it is compulsory to download online-filled RTI application and then send it by post to concerned department. If such is a case, then there is no utility of having a useless portal for filing online RTI applications. Furthermore option-list for payment does not include even all the public-sector banks. Website designed for Department of Personnel & Training (DoPT) is an ideal one, and should be compulsorily followed by all states.

Public-authorities being misled by private firms to train officers for RTI Act

Some organisation named Institute-Of-Public-Administration IPA has sent a letter dated 27.04.2019 to all public-authorities coming under purview of RTI Act, 2005 regarding holding 49th paid two-day workshop on 11-12.06.2019 at Bengaluru charging rupees 14986 for local participant and rupees 32922 for outside-participant with spouse. Drafting of letter dated 27.04.2019 looks like that of some government-authorised body like Indian-Institute-Of-Public-Administration IIPA.

It is observed that many public-authorities confusing the letter as if sent from a government-authorised have been sending participants to attend RTI-workshop at cost of public-exchequer. Department of Personnel and training DoPT, Central Information Commission CIC and Indian Institute of Public administration IIPA should immediately take cognizance of the matter, and clarify if Institute of Public Administration IPA (Bengaluru) has taken approval of DoPT or CIC for conducting such RTI workshops for public-authorities with participants attending at cost of public-exchequers. Usually decision-takers at public-authorities immediately consent for participation in such RTI workshops conducted by private bodies because they find at a luxurious opportunity of holidaying at Bengaluru at cost of public-exchequers.

In case DoPT and CIC have not approved holding such workshop by a private body, immediate steps should be taken to get money of public-authorities refunded with probe initiated on holding 48 such RTI workshops earlier by Institute of Public administration.

Delhi-Right-To-Information-Act 2001 needs immediate repeal after High Court order

This is in reference to order dated 08.08.2018 in WPC 8278 of 2018 in the matter “Anil Dutt Sharma versus Government of NCT Delhi and others” wherein the court has specifically mentioned – This Court is of the prima facie view that the Right To Information Act, 2005 would now override the Delhi Right To Information Act, 2001 as it would occupy the entire legislative field. Demand to repeal since meaningless Delhi-Right-To-Information-Act, 2001 (DRTI Act) is being made ever since much popular Right-To-Information-Act, 2005 (RTI Act) came into force in the year 2005. DRTI Act has lost all relevance with RTI Act in existence, and only a very few applications are now being filed under DRTI Act, with most officers of Delhi Government being totally unaware about provisions of DRTI Act. Complete infrastructure is set up at all about 200 departments and bodies under Delhi Government to handle just very few applications filed under DRTI Act thus unnecessarily wasting precious public-resources. Now at least with rightful observations made by Delhi High Court, DRTI Act should be repealed immediately without any further delay.

CIC and DoPT websites should incorporate regularly updated subject-wise compendium of its RTI circulars and RTI related verdicts from Supreme Court and High Courts

Department of Personnel and Training in the year 2013 added a welcome feature of subject-wise Compendium of circulars, notifications and office-memorandums on Right-To-Information Act, 2005. But since then, it has never been updated. Not only an updated version of the said compendium should be put on DoPT website, but also steps should be taken to make it a permanent and regularly updated feature of DoPT website. Even CIC-website should incorporate link of any such compendium on its website.

A new feature of incorporating verdicts of Supreme Court and High Courts relating to RTI including those challenging CIC-verdicts should be put on CIC-website according to subjects and sections of RTI Act to be an important ready-reckoner for Commissioners, public-authorities and RTI users. To effectively check misuse of RTI act, CIC-verdicts on misuse of RTI Act should also be listed under a distinct field on CIC-website. CIC-website can also feature some important CIC-verdicts. CIC-website should also list all pending cases at Supreme Court and various High Courts regarding CIC-verdicts also mentioning respective dates of institution of case and present status including next date of hearing.

The writer of this article, Subhash Chandra Agarwal, is an RTI consultant holding Guinness World record for most letters published in newspapers