The Right to Information (RTI) Act, 2005, empowers every Indian citizen to seek information from public authorities. This case highlights how RTI can be used to access details about the official visits of the President of India, a matter of significant public interest. Understanding how to navigate such requests can help citizens hold public authorities accountable and stay informed about how public funds are utilized.
Background: What Information Was Sought
An RTI applicant approached the President’s Secretariat and the Ministry of External Affairs seeking comprehensive details about the official visits of the President of India, specifically focusing on the tenure of Smt. Pratibha Devi Singh Patil. The applicant wanted to know the specifics of both domestic and international trips, including the composition of the delegation accompanying the President, and the total expenses incurred for each visit. This included a breakdown of expenditures on accommodation, local travel, daily allowances (DA), and miscellaneous items for trips made to approximately 24 countries between April 2008 and October 2011. The Public Information Officer (PIO) provided some of the requested information but denied the rest, citing that the data was not available in a compiled format and that compiling it would disproportionately divert the authority’s resources.
How the Public Authority Responded
The initial response from the Public Information Officer (PIO) was a partial disclosure, with a denial for the remaining information. The justification provided was that the data was not readily available in a consolidated form and that its compilation would require significant effort, potentially diverting resources from core functions. This is a common challenge faced applicants when information is scattered across different departments or not systematically maintained.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the applicant presented a strong argument. They pointed out that the PIO had previously provided similar information in response to earlier RTI applications. This contradicted the PIO’s claim that the information was unavailable or too burdensome to compile. The respondents reiterated their stance, arguing that the information was not centrally compiled and required collection from various sources, making it a time-consuming process. They claimed this effort would need to be repeated for any further requests concerning the remaining period.
The CIC Order and Its Significance
The CIC, in its decision, made several crucial observations. It acknowledged that the expenditure related to the President’s visits, both domestic and international, is indeed recorded and maintained across various ministries and departments. However, it also recognized that such information is not typically available in a ready-made, compiled format from a single public authority. Critically, the CIC ruled that a PIO cannot be compelled to collect data from multiple sources, compile it, and then provide it to an appellant. This is an important distinction under the RTI Act, as the Act primarily deals with accessing existing information rather than creating new records or undertaking extensive research. However, regarding the composition of the delegation, the Commission found that this information should be available with the President’s Secretariat. Therefore, the CIC directed the PIO to provide the appellant with the details of the delegation, including the names of the individual members, their designations, and the ministries or departments they represented. Furthermore, the CIC ordered the PIO to inform the appellant about the exact budget allocations for domestic and foreign travel over the last five years, along with the annual expenditure against these allocations. The Commission also directed the PIO, the Controller of Accounts, and the Ministry of External Affairs (MEA) to provide a detailed breakdown of the miscellaneous expenditure incurred on these visits. In a significant move, recognizing the public interest in the official visits of high dignitaries like the President, Vice President, and Prime Minister, the CIC suggested that the concerned authorities in the President’s Secretariat should consider uploading as much information as possible about these official visits, particularly the details of the accompanying delegation, onto their official website for public access. This proactive suggestion aims to enhance transparency and reduce the need for individual RTI applications on such matters in the future.
Key Lessons for RTI Applicants
- Lesson 1: Be Specific and Refer to Past Information: When seeking information that might be voluminous or not readily compiled, it’s helpful to be specific in your request and, if possible, refer to previous RTI responses where similar information was provided. This can help counter arguments about unavailability or undue burden.
- Lesson 2: Understand the Scope of “Information”: The RTI Act allows access to information that *exists* and is held authorities. It does not mandate the creation of new records or the extensive compilation of data from disparate sources if it’s not already in a usable format. However, information that should be recorded and maintained department is usually accessible.
- Lesson 3: Public Interest Matters: For matters of significant public interest, such as the official visits of high dignitaries, the CIC often encourages greater transparency. While the PIO isn’t obligated to compile data, the CIC may suggest proactive disclosure public authority, especially regarding delegation composition and expenditure.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or office is primarily responsible for the information you seek (e.g., President’s Secretariat, Ministry of External Affairs).
- Draft Your RTI Application Clearly: State precisely what information you require. Be specific about dates, periods, and the nature of the details you are looking for.
- Mention Relevant Sections (Optional but helpful): You can refer to sections of the RTI Act like Section 7 (time limits for providing information) and Section 19 (appeals) if necessary, but a clear request is paramount.
- Submit and Pay the Fee: Submit the application to the Public Information Officer (PIO) of the concerned authority along with the requisite application fee (usually Rs. 10).
Sample RTI question you can use:
“Please provide the details of the official visits undertaken President of India during the period [Start Date] to [End Date]. This information should include, but not be limited to, the destination country or region, the duration of the visit, the names and designations of the members of the delegation accompanying the President, and a consolidated report on the expenditure incurred on accommodation, local travel, daily allowances, and miscellaneous items for each visit. If this information is not available in a compiled format, please provide any records or documents that contain this information, or state where it can be accessed.”
Conclusion
This case serves as a valuable reminder of the power and nuances of the RTI Act. While the RTI Act does not compel public authorities to compile information that doesn’t exist in a readily accessible format, it ensures transparency in matters of public spending and the functioning of government. well-drafted RTI applications and understanding the limitations and strengths of the Act, citizens can effectively access information and contribute to a more accountable governance system. The CIC’s suggestion for proactive uploading of such details is a positive step towards greater public awareness and trust.
