Many Indian citizens wonder if they can use the Right to Information (RTI) Act to get details about election campaign expenses. This is a crucial question, especially concerning high-profile elections like the Presidential elections. This article delves into a specific case where an RTI applicant sought information about campaign expenditure, and the Central Information Commission (CIC) provided a definitive ruling on the matter. Understanding this ruling can help you navigate what information is accessible and what remains a private affair.
Background: What Information Was Sought
In this case, an applicant filed two separate applications under the RTI Act with the President’s Secretariat. The first application aimed to uncover the expenditure incurred then-candidate Pranab Mukherjee during his Presidential election campaign. Specifically, the applicant sought details on the costs associated with airfare, boarding, and lodging. The second application was directed towards understanding the details of files that were pending before the outgoing President, Smt. Pratibha Patil, and those that had been cleared or approved within a specific period. The Public Information Officer (PIO) responded to both applications that the President’s Secretariat did not possess the requested information.
How the Public Authority Responded
The Public Information Officer (PIO) of the President’s Secretariat informed the applicant that the information regarding campaign expenditure Mukherjee was not available with them. Similarly, details about the pending or cleared files outgoing President, Smt. Pratibha Patil, were also stated to be unavailable. This response indicated a lack of records pertaining to the specific queries raised applicant.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the respondent from the President’s Secretariat reiterated the PIO’s stance. They maintained that no information concerning the expenditure incurred during Sri Pranab Mukherjee’s presidential campaign was available. Furthermore, they clarified that details about the number of files pending or cleared outgoing President during the specified period were also not on record. A crucial point raised respondent was that time the RTI application was filed, the personal staff of the outgoing President had been completely changed. The personal section of the new President stated that they had no records showing the details of files either pending or cleared for the mentioned period.
The CIC Order and Its Significance
The Commission, after hearing the arguments and reviewing the facts, delivered a significant order. The CIC held that campaigning for any election, including the Presidential election, is considered a private matter of the candidates involved. Regarding the query about pending and cleared files, the CIC noted that if there are no written records available to substantiate the pendency or disposal of files in a particular month, the PIO cannot provide information that does not exist. Consequently, the Commission rejected the appeal, stating that there was no information available for disclosure in either of the cases presented. This decision highlights that the RTI Act can only provide access to existing information and does not compel authorities to create records or disclose private matters.
Key Lessons for RTI Applicants
- Lesson 1: Private Matters are Generally Not Disclosable: The CIC’s ruling emphasizes that personal or private activities of individuals, even when related to public office or elections, are not subject to disclosure under the RTI Act unless there is a specific public interest or legal mandate. Election campaigning, nature, is considered a private endeavor of the candidate.
- Lesson 2: Existence of Records is Crucial: The RTI Act provides access to information that is held under the control of public authorities. If a public authority genuinely does not possess the records pertaining to your request, the PIO is not obligated to create them or find them from external sources. The absence of a record means no information can be provided.
- Lesson 3: Understand the Scope of the Public Authority: Ensure your RTI application is directed to the correct public authority that is likely to hold the information you seek. In this case, while the President’s Secretariat is a high office, specific campaign expenditure details might be held Election Commission or the candidate’s campaign committee, not necessarily the administrative body of the President’s office.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or office is most likely to hold the information you need. For election-related expenses, the Election Commission of India might be a relevant authority, or the candidate’s election agent.
- Draft Your RTI Application Clearly: State your request precisely and concisely. Avoid vague language. If seeking expenditure details, specify the election year and candidate, if known.
- Pay the Required Fee: Attach the prescribed fee (usually ₹10 in Indian Postal Order or Demand Draft payable to the Accounts Officer of the concerned department).
- Submit Your Application: Send your application to the Public Information Officer (PIO) of the identified public authority. Keep a copy of your application and the postal receipt for your records.
Sample RTI question you can use:
Under Section 2(f) of the RTI Act, 2005, please provide certified copies of all records pertaining to the expenditure incurred by [Candidate’s Name] during the [Specific Election Year, e.g., 2014 Presidential] election campaign, including details of airfare, boarding, and lodging expenses, if such records are held department. Please also provide details of the custodian of these records if they are not held department.
Conclusion
This case serves as an important reminder that while the RTI Act is a powerful tool for transparency, it has its limitations. Information that is considered private or that does not exist in recorded form cannot be obtained through an RTI application. these boundaries and filing applications strategically, citizens can effectively use the RTI Act to seek accountability and information from public authorities across India.
