Many Indian citizens are curious about government decisions and actions, especially when important national issues are being discussed. The Right to Information (RTI) Act, 2005, empowers you to seek this information. This article explores a case where an RTI applicant sought details about the Lokpal Bill and related matters, highlighting what you can and cannot ask for, and what happens when public authorities don’t respond on time.
Background: What Information Was Sought
In this case, an applicant filed an RTI application with the Prime Minister’s Office (PMO). They were looking for a range of information. This included details about the Lokpal Bill, its related papers, the imposition of Section 144 (which restricts public gatherings), and importantly, information about ministers who had visited Baba Ramdev. The applicant also mentioned that the Public Information Officer (PIO) of the PMO had transferred their queries to various other government bodies, such as the Delhi Police, the Department of Personnel and Training (DoPT), and the Central Board of Direct Taxes (CBDT). Some of these bodies did provide partial information, but the PIO of the DoPT asked the applicant to pay for photocopying the Lokpal Bill and related documents. The applicant argued that they should receive this information for free because the mandated 30-day period for a response had already passed, and they still hadn’t received complete information.
How the Public Authority Responded
The initial response from the PMO was to transfer the RTI application to other departments. This is a common practice under the RTI Act when the requested information is held different public authority. However, the subsequent responses from the other departments were not entirely satisfactory for the applicant. While some information was provided, the request for the Lokpal Bill and related papers came with a demand for photocopying charges from the DoPT. Furthermore, the applicant felt that they had not received all the information they were entitled to, especially considering the delay in the response.
The CIC Hearing: What Happened
The matter eventually reached the Central Information Commission (CIC), the highest appellate authority for RTI matters in India. During the hearing, the CIC carefully examined the nature of the queries made applicant. The Commission noted that many of the questions seemed to be seeking opinions or interpretations from the PIO, rather than factual information as defined under Section 2(f) of the RTI Act. The RTI Act is designed to provide access to existing records and documents, not to generate new information or provide personal opinions of a public official. The applicant also reiterated their concern about the delay and the non-provision of complete information. The CIC had to determine whether the PIO had fulfilled their obligations under the RTI Act and whether the applicant’s requests were valid under the law.
The CIC Order and Its Significance
The CIC made a crucial observation that many of the applicant’s queries did not precisely fit the definition of “information” under Section 2(f) of the RTI Act. These queries appeared to be asking for the PIO’s opinion based on the applicant’s own assumptions, rather than seeking factual material. However, the Commission did acknowledge the importance of transparency regarding the visits of ministers to Baba Ramdev during a significant public agitation. Therefore, the CIC directed the PIO of the PMO to specifically state whether any information was available regarding the number of ministers who visited Baba Ramdev at Ramlila Maidan or any hotel during his agitation. They were also asked to provide any government notification, order, or file noting that might have authorized such visits, if such records existed. If no such record was available, the PIO was explicitly instructed to state that clearly. Crucially, regarding the Lokpal Bill and related papers, the CIC directed the PIO of the DoPT to provide the photocopy of the Bill and the relevant notification to the appellant free of cost. This decision was based on the fact that the information had not been provided to the applicant within the stipulated period of 30 days, as mandated 7 of the RTI Act. This part of the order underscores the accountability of public authorities for delays.
Key Lessons for RTI Applicants
- Lesson 1: Be Specific with Your Queries: The CIC highlighted that RTI is for seeking factual information, not opinions or interpretations. Frame your questions clearly to ask for existing records, documents, or data. Avoid questions that start with “Why…” or “What do you think about…” unless they are asking for official reasons or justifications documented in records.
- Lesson 2: Understand the Definition of Information: Familiarize yourself with Section 2(f) of the RTI Act. “Information” includes records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and data held in any electronic form. However, it does not mean generating new information or providing personal views of the PIO.
- Lesson 3: Delays Have Consequences: If a public authority fails to provide information within the stipulated 30 days (or 35 days in cases involving third-party information, or 40 days for intelligence and security organizations), they can be penalized under Section 20 of the RTI Act. The CIC’s order to provide the Lokpal Bill copy free of cost due to delay is a testament to this. You have the right to demand free information if the response is delayed beyond the legal limit.
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 national policy matters, the PMO, relevant ministries, or departments are good starting points.
- Draft Your RTI Application Clearly: State your request in simple, unambiguous language. Use bullet points or numbered lists for multiple queries. Ensure your questions are factual and seek existing records.
- Pay the Nominal Fee (if applicable): For a standard RTI application, there is a small fee (usually ₹10). Pay this through the prescribed method. If you are from a below poverty line household, you are exempt from this fee.
- Submit and Wait for the Response: Submit your application to the Public Information Officer (PIO) of the concerned department. You should receive a response within 30 days. If you don’t, or if you are not satisfied with the response, you can file a first appeal within 30 days of the original response or the expiry of the time limit.
Sample RTI question you can use:
Under Section 2(f) of the RTI Act, 2005, please provide a certified copy of all government notifications, orders, or file notings that authorize or record the visits of any Minister or high-ranking government official to [specific person or location, if relevant and documented] during the period of [start date] to [end date]. If no such records exist, please provide a categorical denial stating that no such information is available.
Conclusion
This case demonstrates that while the RTI Act is a powerful tool for citizens to access government information, it’s essential to understand its scope and limitations. your RTI requests correctly and being aware of your rights regarding response times and potential penalties for delays, you can effectively use the RTI Act to seek transparency and accountability from public authorities. Remember, informed citizens are empowered citizens.
