Many Indian citizens use the Right to Information (RTI) Act to get crucial details from government departments. But what happens when your RTI query asks for more than just factual records? This case highlights a common point of confusion: the difference between seeking “information” and asking for “clarifications” or “opinions” under the RTI Act. Understanding this distinction is vital for filing effective RTI applications and ensuring you get the information you’re entitled to. The Central Information Commission (CIC) has shed light on this, reminding us that the RTI Act is designed to access existing records, not to compel public authorities to generate new explanations or opinions.
Background: What Information Was Sought
An individual filed an RTI application with the Department of Personnel & Training (DoPT). Their objective was to obtain information concerning the regularization of temporary, daily wage, and Group D employees. The Public Information Officer (PIO) provided some details in response to the application. However, the applicant felt that the information was insufficient or not in the format they expected, leading them to pursue the matter further.
How the Public Authority Responded
The PIO of the DoPT responded to the RTI application, providing what they considered to be the available information. However, the applicant’s dissatisfaction with the response, or the nature of the information provided, prompted them to appeal. This appeal eventually reached the Central Information Commission (CIC), the apex body for RTI matters in India.
The CIC Hearing: What Happened
During the hearing at the Central Information Commission, the nature of the appellant’s queries became a central point of discussion. The CIC meticulously examined the RTI application. It was observed that many of the questions posed appellant did not strictly fall under the definition of “information” as defined in Section 2(f) of the RTI Act. This section defines information as “any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed public authority under any other law for the time being in force.” The Commission noted that the appellant was largely seeking clarifications, explanations, or comments, rather than requesting access to existing records or documents. Where material records were available and relevant to the queries, the Commission found that the PIO had already provided them. Consequently, the CIC concluded that there was no further information to be disclosed under the RTI Act in this specific instance. The appeal was therefore rejected.
An interesting observation made CIC during the proceedings was related to the language of the reply. The appellant had filed their RTI application in Hindi. However, it was noted that the PIO had, in some instances, provided the reply in English. The Commission emphasized the importance of adhering to the language policy when responding to RTI applications.
The CIC Order and Its Significance
The CIC’s order in this case carries significant implications for RTI applicants and Public Information Officers alike. Firstly, it reiterates the fundamental purpose of the RTI Act: to provide access to existing information held authorities. It clarifies that the Act is not a tool to compel departments to generate new opinions, provide interpretations, or offer personal clarifications that are not documented in existing records. If a query asks “Why was this decision made?” without pointing to a specific record that explains the rationale, the PIO is not obligated to create such an explanation if it doesn’t exist in writing.
Secondly, the CIC’s observation regarding the language of replies is crucial. The Commission directed that PIOs must respond to RTI requests in the same language in which the application was filed. If an applicant submits a request in Hindi, the response should also be in Hindi. If the documents being provided are in English, then copies of those documents should be furnished, but the accompanying communication or cover letter should be in Hindi. This upholds the spirit of accessibility and ensures that citizens can understand the information provided without language barriers. This directive aligns with the broader principles of good governance and citizen engagement.
Key Lessons for RTI Applicants
- Lesson 1: Understand the Definition of “Information”: Always frame your RTI questions to seek existing records, documents, data, or reports. Avoid asking “why” questions that require an opinion or explanation not found in official records. Instead, ask for the file noting, the reasons recorded, or the specific document that led to a decision.
- Lesson 2: Be Specific in Your Request: Clearly state what documents or data you are seeking. For instance, instead of asking “information about the project,” ask for “the project proposal document,” “the sanction order for the project,” or “all correspondence related to the project.”
- Lesson 3: Know Your Language Rights: If you file your RTI application in Hindi, you are entitled to receive the reply in Hindi. Ensure your application is clearly marked in the language you wish to receive the response.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or office holds the information you need.
- Draft Your RTI Application Clearly: Frame your questions precisely, focusing on seeking existing records and documents. Use simple language.
- Specify the Language of Reply: Clearly state in your application that you wish to receive the reply in Hindi (or your preferred official language).
- Submit and Pay the Fee: Submit the application to the Public Information Officer (PIO) of the concerned department and pay the prescribed RTI fee (usually ₹10).
Sample RTI question you can use:
Please provide a copy of the file noting and the final decision document pertaining to the regularization of temporary employees in your department, specifically for the period [mention the relevant period if known]. Also, provide details of any government orders or circulars issued Department of Personnel & Training concerning the regularization of such employees.
Conclusion
This CIC decision serves as a valuable reminder that the RTI Act is a powerful tool for transparency and accountability, but it must be used judiciously. what constitutes “information” under the Act and your requests appropriately, you can significantly increase your chances of obtaining the details you need. Remember to assert your right to receive replies in the language of your application, ensuring that information is accessible to all. Filing an RTI application is a right, and with a clear understanding of the Act’s provisions, you can wield it effectively to access information and promote good governance.
