Many Indian citizens believe that sending a petition to the President of India is a direct route to justice. But what happens to these petitions, and can you use the Right to Information Act (RTI) to find out? This case sheds light on the limitations of the President’s Secretariat and what citizens can realistically expect. Understanding this can save you time and manage your expectations when seeking redressal through official channels.
Background: What Information Was Sought
In this RTI case, an appellant wanted to know the status of a petition they had filed with the President of India. Specifically, they were looking for information on the action taken President’s Secretariat regarding their petition. The Public Information Officer (PIO) of the President’s Secretariat responded that the petition had been forwarded to the State Government of Bihar, as the subject matter of the petition fell under the purview of the Bihar government. The PIO further advised that any further inquiries about the petition should be directed to the Bihar State government.
How the Public Authority Responded
The initial response from the PIO of the President’s Secretariat was that the petition was not processed further office but was instead transferred to the relevant State government. This is a common practice when a petition deals with matters that are within the jurisdiction of a state government. The PIO effectively conveyed that their role in this specific instance was limited to forwarding the petition to the appropriate authority.
The CIC Hearing: What Happened
The matter eventually reached the Central Information Commission (CIC) when the appellant was not satisfied with the information provided or felt there was a lack of transparency. During the hearing, the CIC examined the response from the President’s Secretariat. It was observed that the President’s Secretariat had indeed taken no action on the petition beyond forwarding it to the State government of Bihar. The respondents from the President’s Secretariat clarified that they would not be able to provide any information on whether the Bihar government had taken any action on the forwarded petition. The CIC acknowledged that if the President’s Secretariat’s role was solely to forward petitions, then the PIO had provided all the information available within their knowledge and authority.
The CIC Order and Its Significance
The CIC, in its order, agreed that there was nothing more the PIO from the President’s Secretariat could provide in this matter, as their action was limited to forwarding the petition. The Commission advised the appellant to pursue their inquiry with the State government of Bihar. However, the CIC also made a crucial observation regarding the functioning of the President’s Secretariat. The Commission held that if the President’s Secretariat’s only function is to forward petitions to various authorities without any follow-up, it should clearly communicate this limitation to the citizens. This would prevent citizens from developing unrealistic expectations about the President’s direct intervention in their matters. The CIC suggested that such announcements would help educate citizens on what to expect when they send petitions or complaints to the President of India, there expectations and fostering transparency.
Key Lessons for RTI Applicants
- Lesson 1: Understand the Jurisdiction: Not all matters reach the President’s office for direct action. If your petition concerns a state-level issue, it will likely be forwarded to the respective state government. Your RTI inquiry should be directed to the authority that has the power to act on your petition.
- Lesson 2: Manage Expectations: The President’s Secretariat may act as a facilitator your petition, but it doesn’t necessarily mean direct intervention or resolution from their end. Be prepared for the petition to be handled relevant state or central department.
- Lesson 3: RTI is for Information, Not Intervention: RTI is a tool to seek information held authorities. While it can reveal the status of your petition, it cannot compel an authority to act in a specific way. If your petition is with a state government, you will need to follow up with them directly or through further RTI applications to that specific government.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which public authority currently holds the information you need. In this case, it was the President’s Secretariat that initially received the petition.
- Draft Your RTI Application: Clearly state the information you are seeking. Be precise and avoid vague requests.
- Specify the Petition Details: Mention the date your petition was filed, any reference numbers, and the subject matter.
- Submit and Follow Up: Submit your RTI application to the appropriate Public Information Officer (PIO) and pay the required fee. If you don’t receive a satisfactory response within 30 days (as per Section 7 of the RTI Act), you can file a First Appeal under Section 19 of the RTI Act.
Sample RTI question you can use:
Please provide a copy of the action taken report on the petition filed on [Date of Filing Petition] concerning [Subject Matter of Petition], reference number [If any]. Also, provide details of the authority to whom this petition was forwarded, if applicable.
Conclusion
This case highlights a critical aspect of citizen engagement with high offices. While the President of India is the constitutional head, the administrative handling of petitions often involves forwarding them to the relevant departments. The RTI Act can help you ascertain this process. However, it’s essential to understand the limitations of each public authority and to direct your RTI queries and follow-up actions accordingly. your expectations and utilizing the RTI Act effectively, you can navigate bureaucratic processes more efficiently and gain clarity on the status of your grievances.
