Skip to main content

Cabinet Secretariat can't deny unclassified information under RTI Act, rules Chief Information Commission

The Central Information Commission (CIC), the Central right to information (RTI) watchdog, has ruled that the Cabinet Secretariat “cannot deny access” under the RTI Act to “the items on the agenda placed before the Union Cabinet after a meeting is over”.
In a ruling on an RTI plea by well-known RTI activist Venkatesh Nayak of the Commonwealth Human Rights Initiative (CHRI), the CIC has also advised the Cabinet Secretariat to “put in place” a mechanism to monitor departments and ministries for their compliance with the requirement of sending monthly reports of work done by them to it.
The order further says that it is “advisable” for Ministries and Departments to upload the ‘unclassified portions’ of their monthly reports to Cabinet Secretariat on their respective websites.
Nayak, in an email alert, says that it has been the “general practice” of the Union government to issue press releases on the decisions taken by the Cabinet after each meeting, which are disclose are uploaded on the Press Information Bureau (PIB) website.
“However”, Nayak says, “The entire agenda placed before the Union Cabinet for each meeting is never disclosed proactively, despite the RTI Act being in place for more than a decade.”
Nayak submitted an RTI application for the agenda items discussed by the NDA Cabinet from August 2014 onwards. The Central Public Information Officer (CPIO) rejected the request invoking Section 8(1)(i) of the RTI Act relating to Cabinet confidentiality.
The First Appellate Authority (FAA) upheld the order stating that it was up to the concerned Ministries to take the call about whether the matter discussed by the Cabinet was decided upon and the matter was complete or over. However, the CIC ruled in favour of access to information.
In 2004-05, thanks to intensive campaign by activists, Cabinet papers were allowed to be disclosed under the RTI Act in India subject to certain restrictions such as completion of the decision-making process and non-applicability of other exemptions listed in Section 8(1) of the Act.
“In other countries like the UK, Canada and Australia, Cabinet papers are not disclosed to the public unless they are 20-30 years old”, Nayak says, underlining, “The Indian model is a major departure from this trend.”
However, he regrets, “Nevertheless, the proceedings of the Cabinet in India continue to remain under wraps, except for the decisions that the Government elects to announce. The ‘need to know’ principle continues to rule at the highest level of the executive.”
“The situation is the same at the level of most State Governments. Transparency applies not only to panchayats, municipalities and the district administration but also to the highest decision-making bodies in the States and at the Centre”, he adds.
Hoping that the CIC decision will prove to be a panacea to the "policy paralysis" in governments that often gets blamed on RTI, Nayak says, “If the monthly reporting system is complied with and strengthened, the symptoms of ‘policy paralysis’ can be detected early on and correctives applied in a timely manner.”
“If similar reporting systems exist at the level of the States, RTI users may engage with the departments to make such reports public. If such systems do not exist they may advocate for the adoption of such reporting systems”, he adds.

Comments

TRENDING

Dalit rights and political tensions: Why is Mevani at odds with Congress leadership?

While I have known Jignesh Mevani, one of the dozen-odd Congress MLAs from Gujarat, ever since my Gandhinagar days—when he was a young activist aligned with well-known human rights lawyer Mukul Sinha’s organisation, Jan Sangharsh Manch—he became famous following the July 2016 Una Dalit atrocity, in which seven members of a family were brutally assaulted by self-proclaimed cow vigilantes while skinning a dead cow, a traditional occupation among Dalits.  

Powering pollution, heating homes: Why are Delhi residents opposing incineration-based waste management

While going through the 50-odd-page report Burning Waste, Warming Cities? Waste-to-Energy (WTE) Incineration and Urban Heat in Delhi , authored by Chythenyen Devika Kulasekaran of the well-known advocacy group Centre for Financial Accountability, I came across a reference to Sukhdev Vihar — a place where I lived for almost a decade before moving to Moscow in 1986 as the foreign correspondent of the daily Patriot and weekly Link .

Boeing 787 under scrutiny again after Ahmedabad crash: Whistleblower warnings resurface

A heart-wrenching tragedy has taken place in Ahmedabad. As widely reported, a Boeing 787 Dreamliner plane crashed shortly after taking off from the city’s airport, currently operated by India’s top tycoon, Gautam Adani. The aircraft was carrying 230 passengers and 12 crew members.  As expected, the crash has led to an outpouring of grief across the country. At the same time, there have been demands for the resignation of Prime Minister Narendra Modi, Home Minister Amit Shah, and the Civil Aviation Minister.

Ahmedabad's civic chaos: Drainage woes, waterlogging, and the illusion of Olympic dreams

In response to my blog on overflowing gutter lines at several spots in Ahmedabad's Vejalpur, a heavily populated area, a close acquaintance informed me that it's not just the middle-class housing societies that are affected by the nuisance. Preeti Das, who lives in a posh locality in what is fashionably called the SoBo area, tells me, "Things are worse in our society, Applewood."

Global NGO slams India for media clampdown during conflict, downplays Pakistan

A global civil rights group, Civicus has taken strong exception to how critical commentaries during the “recent conflict” with Pakistan were censored in India, with journalists getting “targeted”. I have no quarrel with the Civicus view, as the facts mentioned in it are all true.

Whither SCOPE? Twelve years on, Gujarat’s official English remains frozen in time

While writing my previous blog on how and why Narendra Modi went out of his way to promote English when he was Gujarat chief minister — despite opposition from people in the Sangh Parivar — I came across an interesting write-up by Aakar Patel, a well-known name among journalists and civil society circles.

Remembering Vijay Rupani: A quiet BJP leader who listened beyond party lines

Late evening on June 12, a senior sociologist of Indian origin, who lives in Vienna, asked me a pointed question: Of the 241 persons who died as a result of the devastating plane crash in Ahmedabad the other day, did I know anyone? I had no hesitation in telling her: former Gujarat chief minister Vijay Rupani, whom I described to her as "one of the more sensible persons in the BJP leadership."

Why India’s renewable energy sector struggles under 2,735 compliance hurdles

Recently, during a conversation with an industry representative, I was told how easy it is to set up a startup in Singapore compared to India. This gentleman, who had recently visited Singapore, explained that one of the key reasons Indians living in the Southeast Asian nation prefer establishing startups there is because the government is “extremely supportive” when it comes to obtaining clearances. “They don’t want to shift operations to India due to the large number of bureaucratic hurdles,” he remarked.

A conman, a demolition man: How 'prominent' scribes are defending Pritish Nandy

How to defend Pritish Nandy? That’s the big question some of his so-called fans seem to ponder, especially amidst sharp criticism of his alleged insensitivity during his journalistic career. One such incident involved the theft and publication of the birth certificate of Masaba Gupta, daughter of actor Neena Gupta, in the Illustrated Weekly of India, which Nandy was editing at the time. He reportedly did this to uncover the identity of Masaba’s father.