Understanding how government departments work is crucial for citizens. Many times, we wonder which ministry, at the central or state level, is responsible for a particular environmental issue. The Right to Information (RTI) Act, 2005, empowers you to seek this clarity. This case highlights how an RTI applicant sought to understand the division of work between the Central Ministry of Environment, Forest and Climate Change (MoEFCC) and its state counterparts, and what the Central Information Commission (CIC) ruled.
Background: What Information Was Sought
An RTI applicant filed an application with the Ministry of Environment and Forests (MoEF), now MoEFCC. The applicant was keen to understand the operational boundaries between the central government’s MoEF and the corresponding departments in state governments. Specifically, they wanted to know how responsibilities were divided. Additionally, the applicant posed a rather unique question: whether it was the Central Government’s duty to ensure six large trees per person for oxygen needs, a standard based on a personal calculation of oxygen requirements.
How the Public Authority Responded
The Public Information Officer (PIO) of the MoEF provided some information in response to the RTI application. However, the applicant remained unsatisfied, believing their queries were not adequately addressed.
The CIC Hearing: What Happened
The matter reached the Central Information Commission (CIC) due to the applicant’s dissatisfaction. During the hearing, the appellant reiterated their concerns, feeling that their questions had not been properly answered. The CIC, after examining the application and the PIO’s response, made significant observations. The Commission noted that many of the appellant’s queries fell outside the scope of what could be provided under the RTI Act. Regarding the division of work between the Centre and states, the CIC pointed out that the Constitution of India clearly demarcates the subjects falling under the purview of the Central and State Governments. It is not the role of a ministry to provide advice or interpretation on constitutional mandates to individual citizens. Concerning the question about trees for oxygen, the CIC deemed it a speculative and presumptive query based on the applicant’s personal opinion, and not something the PIO could be expected to “manufacture” information for. The Commission also commented on the applicant’s articulation, suggesting a lack of clarity and specificity in their questions.
The CIC Order and Its Significance
The CIC, in its order, directed the PIO to provide the appellant with a copy of the relevant extracts from the Allocation of Business Rules. These rules officially list the subjects and items that fall within the domain of the Ministry of Environment and Forests. This order is significant because it provides the applicant with the official document that defines the MoEF’s responsibilities, there the work distribution as per governmental allocation, rather than an interpretation. It also implicitly guides applicants to frame their questions more precisely and within the bounds of what the RTI Act can provide.
Key Lessons for RTI Applicants
- Lesson 1: Understand the Scope of RTI: The RTI Act is primarily for seeking existing information, not for asking hypothetical questions, seeking opinions, or demanding interpretations of constitutional mandates. The CIC emphasized that the Constitution, not a ministry, defines the division of powers.
- Lesson 2: Be Specific and Clear in Your Application: Vague or presumptive questions are unlikely to yield satisfactory answers and can lead to the Commission deeming them beyond the purview of the Act. Clearly articulate what information you need and why.
- Lesson 3: Know Where to Find Official Information: For questions concerning the division of work between government bodies, the Allocation of Business Rules are the definitive source. If you need to understand departmental responsibilities, try to find these official documents.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which ministry or department (Central or State) is most likely to hold the information you seek regarding the division of work.
- Draft Your Application Carefully: Frame your questions clearly and specifically. Instead of asking for interpretations, ask for official documents that define responsibilities.
- Specify the Information Needed: Clearly state that you are seeking extracts from the Allocation of Business Rules that define the MoEF’s mandate and its relation to state environment departments.
- Submit and Follow Up: Pay the requisite fee, submit your application to the PIO of the concerned department, and follow up if you do not receive a response within the stipulated time (usually 30 days as per Section 7 of the RTI Act). If unsatisfied, you can file a First Appeal under Section 19.
Sample RTI question you can use:
Under the Right to Information Act, 2005, please provide certified copies of the relevant extracts from the Allocation of Business Rules that specify the subjects and items falling within the domain of the Ministry of Environment, Forest and Climate Change (Central Government) and indicate how these responsibilities are delineated with the corresponding environment departments of State Governments.
Conclusion
This case serves as a valuable reminder that while the RTI Act is a powerful tool, it must be used judiciously. the scope of the Act and framing precise questions, citizens can effectively obtain information that clarifies governmental functions and responsibilities, empowering them with knowledge and fostering transparency. Remember, the goal is to seek existing information, not to create it or seek personal opinions from public authorities.
