Many Indian citizens use the Right to Information (RTI) Act to seek transparency from government bodies. But what happens when the information sought is vast and covers a long period? This case highlights an important aspect of RTI: the scope of your request and the availability of information. Understanding this can help you file more effective RTI applications and get the information you need.
Background: What Information Was Sought
An RTI applicant wanted to know a lot about the former President of India’s tenure. They asked for details about the former President’s travels, the expenses associated with these travels, how many mercy petitions were decided, and how many Bills were approved during her entire five-year term. The Public Information Officer (PIO) initially refused to provide any of this information. The reason given was a previous ruling Central Information Commission (CIC) which stated that an RTI application should ideally ask for only one specific item of information at a time. This meant the PIO believed the applicant’s request was too broad.
How the Public Authority Responded
The PIO of the President’s Secretariat responded to disclose the information. They cited a prior CIC decision that suggested RTI applications should be limited to a single request. The PIO argued that the information requested applicant was not readily available in a compiled format. Gathering such comprehensive details covering the entire five-year tenure would require extensive research and collation from numerous files across different sections of the President’s Secretariat. The PIO contended that this kind of extensive data compilation is not what the RTI Act mandates.
The CIC Hearing: What Happened
During the hearing at the Central Information Commission (CIC), the Commission acknowledged that the RTI application was indeed very broad, spanning the entire five-year term of the former President. The respondent (PIO) reiterated their earlier point that the information sought was not available in a compiled form and would necessitate a significant effort to collect from various sources. They emphasized that the RTI Act does not require public authorities to undertake such extensive research and collation of data. The CIC also noted that some information, particularly regarding the former President’s travels, was in the process of being compiled and would eventually be uploaded to the Rashtrapati Bhavan website for public access. Once available online, any citizen could access it directly.
The CIC Order and Its Significance
The CIC, while acknowledging the broad nature of the request, directed the PIO to make a genuine effort. The Commission ordered the PIO to identify and provide any information that was already available in a compiled format concerning the subjects mentioned in the application. This included looking for any data that might have been compiled in the past, perhaps in response to previous RTI requests, even if it covered only a limited period or a single subject. The CIC also instructed the PIO to re-examine the RTI application and proactively search within the President’s Secretariat for any available information that could be provided to the appellant. Crucially, the CIC advised the appellant to be more specific in their future RTI applications, avoiding such wide-ranging and omnibus requests. This decision emphasizes that while the RTI Act grants a right to information, it also expects reasonable and specific requests from applicants, and public authorities are not obligated to undertake extensive research to create new information.
Key Lessons for RTI Applicants
- Lesson 1: Be Specific in Your Request: The CIC clearly advised the applicant to be more specific in future applications. Instead of asking for information spanning an entire tenure, focus on a particular period, event, or a single type of information. This makes it easier for the Public Information Officer (PIO) to locate and provide the data.
- Lesson 2: Understand Information Availability: The RTI Act, as defined in Section 2(j), grants the right to information that is “held under the control of any public authority.” This means PIOs are not required to conduct research or compile information that isn’t already documented or readily available. If the information needs to be created or extensively gathered, it might not be provided.
- Lesson 3: Check Publicly Available Information: Before filing an RTI, check if the information you seek is already available on the public authority’s website or in public records. In this case, the CIC noted that travel details were being uploaded to the Rashtrapati Bhavan website, making direct access possible for everyone.
How to File a Similar RTI Application
- Identify the Specific Information Needed: Clearly define what information you are looking for. For example, instead of “all travels,” specify “travels undertaken between [Date] and [Date].”
- Identify the Correct Public Authority: Determine which government department or office holds the information you need.
- Draft Your RTI Application: Write a clear and concise application. Use simple language and avoid jargon. State your request precisely.
- Submit and Pay the Fee: Submit your application to the PIO of the relevant public authority along with the prescribed fee (usually ₹10 in Indian Postal Orders or Demand Draft payable to the Accounts Officer).
Sample RTI question you can use:
Please provide a compiled list of all official foreign trips undertaken President of India during the financial year [Specify Year] and the expenditure incurred on each trip.
Conclusion
This case serves as a valuable reminder for all RTI users. While the RTI Act is a powerful tool for accountability and transparency, its effectiveness depends on how we use it. specific, well-researched, and reasonable requests, we can significantly improve our chances of getting the information we need and contribute to a more informed and transparent governance system in India.
