Accessing information about how public funds are utilized is a fundamental right of every Indian citizen. This case highlights how the Right to Information (RTI) Act empowers citizens to seek details about allowances given to elected representatives, even if the initial response suggests it might be difficult to gather. Understanding this process can help you file similar applications for transparency in governance.
Background: What Information Was Sought
An RTI applicant approached the Lok Sabha Secretariat with a specific request. They wanted to obtain details about the Travelling Allowance (TA) and Daily Allowance (DA) provided to all Members of Parliament (MPs) over a three-year period. This information is crucial for understanding the expenditure related to the official duties of our lawmakers.
How the Public Authority Responded
The Public Information Officer (PIO) of the Lok Sabha Secretariat initially responded that providing the requested information would disproportionately divert the resources of the secretariat. This is a common response when the information sought is extensive or not readily compiled. However, the RTI Act mandates that public authorities must provide information unless it falls under specific exemptions.
The CIC Hearing: What Happened
The matter was then brought before the Central Information Commission (CIC) for a hearing. During the proceedings, the respondent from the Lok Sabha Secretariat presented a crucial update. They informed the Commission that, in line with previous CIC directives, the secretariat was actively engaged in a project to upload all details pertaining to the journeys undertaken onto their official website. This project was stated to be in progress and intended to be completed within a specific timeframe.
The CIC Order and Its Significance
The CIC, after considering the arguments, made an important observation. The Commission acknowledged that with over 500 MPs in the Lok Sabha, and each undertaking numerous journeys over three years, compiling this information in the specific format requested appellant could indeed be a time-consuming task. The Commission recognized that such an exercise, if done manually for each MP under separate heads, had the potential to divert significant resources. Therefore, the PIO’s initial stance regarding resource diversion was understood in this context. However, the CIC did not simply dismiss the application. Instead, it urged the Lok Sabha Secretariat to expedite the ongoing project of uploading all such information to their website. The Commission directed that this uploading exercise should be completed end of the financial year. Furthermore, the CIC mandated that all subsequent information regarding MP journeys should be uploaded concurrently with the passing of relevant bills. The PIO was also instructed to present this order to the competent authorities within the Lok Sabha Secretariat for necessary action, ensuring future transparency.
Key Lessons for RTI Applicants
- Lesson 1: Persistence Pays Off: Even if a PIO initially cites resource diversion, continuing the RTI process can lead to positive outcomes, especially when the information sought relates to public accountability.
- Lesson 2: Public Authorities Are Modernizing: Many government departments are now undertaking projects to digitize and upload information. RTI can be a catalyst for this process, and the CIC often encourages such initiatives.
- Lesson 3: Focus on Public Interest: Information related to public funds and the conduct of elected officials is generally considered to be in the public interest, making it a strong candidate for disclosure under the RTI Act.
How to File a Similar RTI Application
- Identify the Correct Public Authority: For information related to MPs, the Lok Sabha Secretariat or Rajya Sabha Secretariat (as applicable) would be the correct authority.
- Be Specific with Your Request: Clearly state the period for which you need the information and the exact type of allowance (e.g., TA, DA, constituency allowance).
- Mention the RTI Act: Clearly state that your application is being filed under the Right to Information Act, 2005.
- Pay the Required Fee: Ensure you pay the nominal application fee as prescribed RTI rules.
Sample RTI question you can use:
Under Section 2(f) of the Right to Information Act, 2005, please provide details of the Travelling Allowance (TA) and Daily Allowance (DA) disbursed to all Members of Parliament during the period [Start Date] to [End Date]. Please specify the total amount disbursed to each MP and the basis for such disbursement.
Conclusion
This case demonstrates the power of the RTI Act in pushing for greater transparency and accountability in government. While the initial hurdle of resource diversion was acknowledged, the CIC’s directive ensured that the information would eventually be made public through digitization. Citizens have the right to know how their tax money is being spent, and the RTI Act is a vital tool to achieve this. Keep filing your RTI applications and contributing to a more informed and accountable India.
