WORKSHOP ONWORKSHOP ON RIGHT TO INFORMATION RIGHT TO INFORMATION

FORFORINFORMATION OFFICERSINFORMATION OFFICERSOF BELGAUM DIVISIONOF BELGAUM DIVISION

[CONSTITUTIONAL BASIS FOR RTI, DEFINITIONS [CONSTITUTIONAL BASIS FOR RTI, DEFINITIONS AND EXEMPTION CLAUSES UNDER THE ACT]AND EXEMPTION CLAUSES UNDER THE ACT]

DR. V. VIJAYAKUMARDR. V. VIJAYAKUMARvijayakumar@nls.ac.invijayakumar@nls.ac.in

23 NOVEMBER 200623 NOVEMBER 2006

Constitutional basisConstitutional basis

Article 19 (1) (a) – ‘All citizens Article 19 (1) (a) – ‘All citizens shall have the right to freedom shall have the right to freedom of speech and expression’of speech and expression’

This freedom is not an absolute This freedom is not an absolute freedom and can be regulated by freedom and can be regulated by a ‘law’ made by the state under a ‘law’ made by the state under article 19 (2) of the Constitutionarticle 19 (2) of the Constitution

Grounds of restriction u/a 19 (2)Grounds of restriction u/a 19 (2)a.a. Sovereignty and integrity of IndiaSovereignty and integrity of Indiab.b. Security of the stateSecurity of the statec.c. Friendly relations with foreign statesFriendly relations with foreign statesd.d. Public orderPublic ordere.e. Decency or moralityDecency or moralityf.f. Contempt of courtContempt of courtg.g. DefamationDefamationh.h. Incitement to an offenceIncitement to an offence

Express Newspapers (P) Ltd. v Union of Express Newspapers (P) Ltd. v Union of IndiaIndia, AIR 1958 SC 578, AIR 1958 SC 578

‘…‘…tendency to curtail circulation and tendency to curtail circulation and thereby narrow the scope of dissemination thereby narrow the scope of dissemination of information, fetters on the petitioner’s of information, fetters on the petitioner’s freedom under article 19 (1) (a)’freedom under article 19 (1) (a)’

The court in this case also expanded the The court in this case also expanded the meaning and scope of freedom of speech meaning and scope of freedom of speech and expression to include publication and and expression to include publication and circulationcirculation

L.K. Koolwal v. State of RajasthanL.K. Koolwal v. State of Rajasthan, AIR , AIR 1988 Raj 2 - ‘the state can impose and 1988 Raj 2 - ‘the state can impose and should impose reasonable restrictions on should impose reasonable restrictions on the rights where it affects the national the rights where it affects the national security or any other matter affecting security or any other matter affecting nation’s integrity. But the right is limited nation’s integrity. But the right is limited and particularly in the matter of sanitation and particularly in the matter of sanitation and other allied matters, every citizen has and other allied matters, every citizen has a right to know how the state is a right to know how the state is functioning and why state is withholding functioning and why state is withholding such information in such matters’such information in such matters’

Dinesh Trivedi v. Union of IndiaDinesh Trivedi v. Union of India, , (1997) 4 SCC 306 – ‘Citizens have a (1997) 4 SCC 306 – ‘Citizens have a right to know about the affairs of the right to know about the affairs of the government. But the right is not government. But the right is not absolute, secrecy can be legitimately absolute, secrecy can be legitimately claimed in respect of transactions claimed in respect of transactions with repercussions on public with repercussions on public security’ (Vohra committee report – security’ (Vohra committee report – case arising out of this report)case arising out of this report)

Union of India v. Association for Union of India v. Association for Democratic ReformsDemocratic Reforms (2002) 5 SCC (2002) 5 SCC 294294‘‘the court recognised the citizen’s the court recognised the citizen’s fundamental right to information and fundamental right to information and even went to the extent of saying even went to the extent of saying that such a right should be that such a right should be recognised and fully effectuated’recognised and fully effectuated’[right to know the antecedents of the [right to know the antecedents of the contesting candidates]contesting candidates]

People’s Union for Civil Liberties v. People’s Union for Civil Liberties v. Union of IndiaUnion of India (2004) 2 SCC 476 (2004) 2 SCC 476

‘‘Based on the right to know the Based on the right to know the antecedents of contesting candidates, antecedents of contesting candidates, the court held that the court held that reasonable reasonable restriction on the exercise of the right restriction on the exercise of the right to know [of information]to know [of information] is always is always permissible in the interest of the permissible in the interest of the security of the state’security of the state’

Mr. X v. Hospital ZMr. X v. Hospital Z (1998) 8 SCC 296 (1998) 8 SCC 296

before blood transfusion, on sample blood before blood transfusion, on sample blood test, the doctors found the individual a HIV test, the doctors found the individual a HIV infected person – matter was informed to his infected person – matter was informed to his fiancee, who called off the marriage – for fiancee, who called off the marriage – for having disclosed this information, the having disclosed this information, the petitioner sought damages from the petitioner sought damages from the respondent respondent

rejected by the court and also it was held that rejected by the court and also it was held that he cannot enforce any other legal right for he cannot enforce any other legal right for enforcing the promise to marryenforcing the promise to marry

State of U.P v. Raj NarainState of U.P v. Raj Narain, AIR 1975 SC , AIR 1975 SC 865 – The court held that the failure to 865 – The court held that the failure to disclose the details of the ‘Blue Book’ was disclose the details of the ‘Blue Book’ was wrong and that every citizen of India was wrong and that every citizen of India was entitled to know the particulars of every entitled to know the particulars of every public transaction in all its bearing. It was public transaction in all its bearing. It was also observed that the right to know is also observed that the right to know is derived from the concept of freedom of derived from the concept of freedom of speech, though it is not absolute.speech, though it is not absolute.

Sheela Barse v. Union of IndiaSheela Barse v. Union of India AIR 1986 SC 1771AIR 1986 SC 1771

Legislative developmentsLegislative developments

Explosion of information and Explosion of information and exclusion from information are two exclusion from information are two competing trends in democratic competing trends in democratic policy and governmental secrecypolicy and governmental secrecy

The right to information gained The right to information gained prominence at the global level in prominence at the global level in 1949 when GA declared freedom of 1949 when GA declared freedom of information to be a fundamental information to be a fundamental human right and touchstone of all human right and touchstone of all other libertiesother liberties

The UDHR, 1948 as a common The UDHR, 1948 as a common standard of achievement for all standard of achievement for all people and all nations – Article 19 –people and all nations – Article 19 –‘‘Everyone has the right to freedom of Everyone has the right to freedom of opinion and expression; this right opinion and expression; this right includes freedom to hold opinions includes freedom to hold opinions without interference and to seek, without interference and to seek, receive and impart information and receive and impart information and ideas through any media and ideas through any media and regardless of frontiers’regardless of frontiers’

The Commonwealth Law The Commonwealth Law Ministers meeting in Barbados in Ministers meeting in Barbados in 1980 emphasised that ‘public 1980 emphasised that ‘public participation in the democratic participation in the democratic and governmental process was and governmental process was at its most meaningful when at its most meaningful when citizens had adequate access to citizens had adequate access to official information’ official information’

Article 51 (c) – ‘The State shall endeavour to Article 51 (c) – ‘The State shall endeavour to foster respect for international law and treaty foster respect for international law and treaty obligations in the dealings of organised people obligations in the dealings of organised people with one another’with one another’

Article 253 – ‘notwithstanding anything in the Article 253 – ‘notwithstanding anything in the foregoing provisions of this chapter (Article 245 foregoing provisions of this chapter (Article 245 to Article 252), Parliament has power to make to Article 252), Parliament has power to make any law for the whole or any part of the any law for the whole or any part of the territory of India for implementing any treaty, territory of India for implementing any treaty, agreement or convention with any other agreement or convention with any other country or countries or any decision made at country or countries or any decision made at any international conference, association or any international conference, association or other body’other body’

Hurdle created by the pre-constitutional law, the Hurdle created by the pre-constitutional law, the Official Secrets Act, 1923Official Secrets Act, 1923

Section 123 of the Indian Evidence Act, 1872, Section 123 of the Indian Evidence Act, 1872, provides that and head of the department can provides that and head of the department can refuse to part with an information [he/she has to refuse to part with an information [he/she has to merely swear that it is a state secret]merely swear that it is a state secret]

Rule 11 of the Central Services (Conduct) Rules, Rule 11 of the Central Services (Conduct) Rules, 1964 prohibits a government servant to part 1964 prohibits a government servant to part with any official documentwith any official document

Rule 9- All India Services (Conduct) Rules, 1968 Rule 9- All India Services (Conduct) Rules, 1968 – no unauthorised communication of information – no unauthorised communication of information

Archives Policy Resolution of 22 Archives Policy Resolution of 22 December 1972 states that all December 1972 states that all documents are classified for 30 years documents are classified for 30 years and thereafter only non-confidential and thereafter only non-confidential material is available to a restricted material is available to a restricted range of people. Even ‘unclassified’ range of people. Even ‘unclassified’ material cannot be communicated to material cannot be communicated to any one outside the government without any one outside the government without permission. All communications to the permission. All communications to the Press are handled through the Press Press are handled through the Press Information BureauInformation Bureau

Public Records Act, 1993 [Act no.69 of Public Records Act, 1993 [Act no.69 of 1993] - Came into force w.e.f 1.3.19951993] - Came into force w.e.f 1.3.1995

‘‘An act to regulate the management, An act to regulate the management, administration and preservation of public administration and preservation of public records of the central government, Union records of the central government, Union territory administration, public sector territory administration, public sector undertakings, statutory bodies & corps., undertakings, statutory bodies & corps., Commissions and Committees Commissions and Committees constituted by the central government or constituted by the central government or a Union territory Administration and a Union territory Administration and matters therewith or incidental thereto’matters therewith or incidental thereto’

The Freedom of Information Act, 2002 The Freedom of Information Act, 2002 [No. 5 of 2003][No. 5 of 2003]

Result of Chief Ministers’ Conference on Result of Chief Ministers’ Conference on ‘Effective and Responsive Government’ ‘Effective and Responsive Government’ held in Delhi on 24 May 1997 – recognised held in Delhi on 24 May 1997 – recognised the need for such a law unanimouslythe need for such a law unanimously

The Parliamentary Standing Committee on The Parliamentary Standing Committee on Home Affairs in its 38Home Affairs in its 38thth Report Report recommended for such legislationrecommended for such legislation

GoI appointed a Working Group on Right GoI appointed a Working Group on Right to Information and promotion of Open and to Information and promotion of Open and Transparent Government (H.D. Shourie)Transparent Government (H.D. Shourie)

Justice P.N.Bhagwati Justice P.N.Bhagwati

““open government is the new democratic culture of open government is the new democratic culture of an open society towards which every liberal an open society towards which every liberal democracy is moving and our country should be no democracy is moving and our country should be no exception…where a society has chosen to accept exception…where a society has chosen to accept democracy as its ordeal faith, it is elementary that democracy as its ordeal faith, it is elementary that the citizens ought to know what their government is the citizens ought to know what their government is doing…No democratic government can survive doing…No democratic government can survive without accountability and the basic postulate of without accountability and the basic postulate of accountability is that the people should have accountability is that the people should have ‘information’ about the functioning of the ‘information’ about the functioning of the government…openness in government is a guarantee government…openness in government is a guarantee against administrative misconduct. It is, therefore, against administrative misconduct. It is, therefore, essential that the people have as much information essential that the people have as much information about the government operations as possible”about the government operations as possible”

Justice V.R.Krishna Iyer in Justice V.R.Krishna Iyer in Maneka Maneka Gandhi v. Union of IndiaGandhi v. Union of India [AIR 1978 [AIR 1978 SC 597] observed that ‘a SC 597] observed that ‘a government which functions in government which functions in secrecy not only acts against secrecy not only acts against democratic decency but also buries democratic decency but also buries itself with its own burial’itself with its own burial’

Rajasthan, Goa, A.P, M.P, U.P, Rajasthan, Goa, A.P, M.P, U.P, Delhi, Goa, J&K, Kerala, Karnataka, Delhi, Goa, J&K, Kerala, Karnataka, Orissa, Maharastra, Tamil Nadu Orissa, Maharastra, Tamil Nadu have taken initiatives in this regardhave taken initiatives in this regard

Research Foundation for Science Research Foundation for Science and Technology National Resource and Technology National Resource Policy v. Union of IndiaPolicy v. Union of India, (2005) 10 , (2005) 10 SCC 510 - DBSCC 510 - DB

The right to information and The right to information and community participation for the community participation for the protection of environment and protection of environment and human health falls under Article 21 human health falls under Article 21 of the Constitutionof the Constitution

District Registrar & Collector v. Canara BankDistrict Registrar & Collector v. Canara Bank (2005) 1 SCC 496 - ‘Articles 19 (1) (a) & (d) (2005) 1 SCC 496 - ‘Articles 19 (1) (a) & (d) and 21 – Right to Privacy of the person – and 21 – Right to Privacy of the person – right to freedom from unreasonable search right to freedom from unreasonable search and seizure – confidentiality of bank and seizure – confidentiality of bank documents, telephone calls and documents, telephone calls and correspondence – SC held that state cannot correspondence – SC held that state cannot have unrestricted access to inspect and have unrestricted access to inspect and seize or make roving inquiries into all bank seize or make roving inquiries into all bank records relating to a person, without any records relating to a person, without any reliable information before it prior to such reliable information before it prior to such inspection’…inspection’…

‘‘Search, taking notes or extracts or Search, taking notes or extracts or seizure of the said documents seizure of the said documents would would amount to a breach of confidentiality amount to a breach of confidentiality and be violative of privacy rights of and be violative of privacy rights of customers of the bankcustomers of the bank, unless there is , unless there is some probable or reasonable cause or some probable or reasonable cause or basis, to be recorded in writing, or basis, to be recorded in writing, or materials before the authority making materials before the authority making or authorizing the search etc.’or authorizing the search etc.’

Nandkishore Ganesh Joshi v. Municipal Nandkishore Ganesh Joshi v. Municipal Corporation of Kalyan, DombivaliCorporation of Kalyan, Dombivali (2004) 11 SCC (2004) 11 SCC 417 – ‘Under the Bombay Provincial Municipal 417 – ‘Under the Bombay Provincial Municipal Corporation Act, 1949 the Standing Committee Corporation Act, 1949 the Standing Committee sought additional documents from Commissioner sought additional documents from Commissioner with a bona fide performance of its statutory with a bona fide performance of its statutory functions – Commissioner is bound to comply with functions – Commissioner is bound to comply with such request unless there exist strong and cogent such request unless there exist strong and cogent reasons for not doing so – Commissioner cannot reasons for not doing so – Commissioner cannot contend that all information have been supplied contend that all information have been supplied in a proforma and cannot seek protection u/s 123 in a proforma and cannot seek protection u/s 123 of Evidence Act (privileged documents) – tenders of Evidence Act (privileged documents) – tenders – duty bound to provide additional documents – duty bound to provide additional documents sought by the Standing Committee under R.24 of sought by the Standing Committee under R.24 of Working Rules’Working Rules’

PUCL v. Union of IndiaPUCL v. Union of India (2004) 9 SCC 580 (2004) 9 SCC 580 ‘section 14 of POTA – obligation to furnish ‘section 14 of POTA – obligation to furnish information – information – intra viresintra vires articles 14, 19, articles 14, 19, 20(3) and 21 – Neither a lawyer can claim 20(3) and 21 – Neither a lawyer can claim professional communication beyond what is professional communication beyond what is permitted u/s 126 of Evidence Act, nor is permitted u/s 126 of Evidence Act, nor is there any law permitting a newspaper or a there any law permitting a newspaper or a journalist to withhold relevant information journalist to withhold relevant information from courts, from courts, nor can withholding of such nor can withholding of such information be traced to the right to information be traced to the right to privacy, which itself is not an absolute privacy, which itself is not an absolute right’right’

Aruna Roy v. Union of IndiaAruna Roy v. Union of India, AIR 2002 SC , AIR 2002 SC 3176 – ‘The S.C located the right to 3176 – ‘The S.C located the right to information under Article 21’ (composite information under Article 21’ (composite code theory of the SC in code theory of the SC in Maneka Gandhi Maneka Gandhi v. Union of Indiav. Union of India))

Consumer Education & Research Centre Consumer Education & Research Centre v. Union of India, v. Union of India, AIR 1995 SC 922 – The AIR 1995 SC 922 – The right of the workers (asbestos) to know right of the workers (asbestos) to know the details of the mandatory medical the details of the mandatory medical examination, held to be valid by the S.Cexamination, held to be valid by the S.C

Saiyad Mohd. Saiyaad Umar Saiyed v. Saiyad Mohd. Saiyaad Umar Saiyed v. State of GujaratState of Gujarat, 1995 (3) JT SC 489 – , 1995 (3) JT SC 489 – The court by implication read the The court by implication read the obligation on the part of authorised obligation on the part of authorised officer to inform the person to be officer to inform the person to be searched, of his right to information searched, of his right to information that he could be searched in the that he could be searched in the presence of a Gazetted Officer or the presence of a Gazetted Officer or the Magistrate under the NDPS Act, 1985.Magistrate under the NDPS Act, 1985.

If the Supreme Court could lay down If the Supreme Court could lay down these principles as indicated earlier these principles as indicated earlier without a law on the right to information, without a law on the right to information, then just imagine what it could do by then just imagine what it could do by interpreting the provisions of the Right to interpreting the provisions of the Right to Information Act, 2005 (irrespective of Information Act, 2005 (irrespective of section 23) in the years to come to the section 23) in the years to come to the benefit of the people and making the benefit of the people and making the government responsible and government responsible and accountable.accountable.

Judicial innovation under article 19 (1) (a) Judicial innovation under article 19 (1) (a) Judicial innovation under article 21Judicial innovation under article 21 Composite code as developed by the Composite code as developed by the

Supreme Court in Supreme Court in Maneka Gandhi v. Union Maneka Gandhi v. Union of Indiaof India, AIR 1978 SC, AIR 1978 SC

Conflict between these two interpretations Conflict between these two interpretations on one hand and these interpretations and on one hand and these interpretations and the R T I Act on the otherthe R T I Act on the other

Future judicial interpretations under RTIAFuture judicial interpretations under RTIA

DEFINITIONS AND EXEMPTION DEFINITIONS AND EXEMPTION CLAUSES CLAUSES

UNDERUNDER THE RIGHT TO INFORMATION THE RIGHT TO INFORMATION

ACT, 2005ACT, 2005

THE RIGHT TO INFORMATION THE RIGHT TO INFORMATION ACT, 2005ACT, 2005

Act No. 22 of 2005Act No. 22 of 2005 Received President’s assent on 15 June 2005Received President’s assent on 15 June 2005 Notified in Official Gazette No. 25, dated 21 Notified in Official Gazette No. 25, dated 21

June 2005 – came into force on June 2005 – came into force on 12 October 12 October 20052005

Repeals the Freedom of Information Act, Repeals the Freedom of Information Act, 2002 [section 31 of the Act]2002 [section 31 of the Act]

Does not include ‘openness’ in preamble as Does not include ‘openness’ in preamble as in Freedom of Information Act, 2002in Freedom of Information Act, 2002

Does not extend to Jammu and Kashmir (Does not extend to Jammu and Kashmir (LtdLtd))

Preamble - ‘An Act to provide for setting out Preamble - ‘An Act to provide for setting out the practical regime of right to information the practical regime of right to information for citizens to secure access to information for citizens to secure access to information under the control of public authorities, in under the control of public authorities, in order to promote transparency and order to promote transparency and accountability in the working of every accountability in the working of every public authority, the constitution of public authority, the constitution of Central Information Commission and State Central Information Commission and State Information Commissions and for matters Information Commissions and for matters connected therewith or incidental thereto’connected therewith or incidental thereto’

In the objectives to the Act it is In the objectives to the Act it is provided that ‘democracy requires provided that ‘democracy requires an informed citizenry and an informed citizenry and transparency of information which transparency of information which are vital to its functioning and also are vital to its functioning and also to contain corruption and to hold to contain corruption and to hold governments and their governments and their instrumentalities accountable to the instrumentalities accountable to the governed’governed’

Chapter I - PreliminaryChapter I - Preliminary

Sections 4 (1), 5 (1) and (2), 12, 13, Sections 4 (1), 5 (1) and (2), 12, 13, 15, 16, 24, 27 and 28 came into force 15, 16, 24, 27 and 28 came into force with immediate effect, while the other with immediate effect, while the other provisions shall come into force on provisions shall come into force on the 120the 120thth day of its enactment (15 day of its enactment (15 June 2005)June 2005)

Section 2 provides various definitions Section 2 provides various definitions for phrases used like, competent for phrases used like, competent authority, information, record, right to authority, information, record, right to information, third party and the likeinformation, third party and the like

Section 2 (e) – competent authority – means Section 2 (e) – competent authority – means

(i) the Speaker in the case of House of People or (i) the Speaker in the case of House of People or Legislative Assembly, Chairman in case of Council Legislative Assembly, Chairman in case of Council of States or Legislative Council; of States or Legislative Council;

(ii) the CJI in case of Supreme Court;(ii) the CJI in case of Supreme Court;

(iii) Chief Justice of H.C in case of a H.C;(iii) Chief Justice of H.C in case of a H.C;

(iv) the President or the Governor in case of other (iv) the President or the Governor in case of other authorities established or constituted by or under authorities established or constituted by or under the Constitution; the Constitution;

(v) the administrator appointed under article 239 (v) the administrator appointed under article 239 of the Constitutionof the Constitution

Section 2 (f) – Information ‘means any Section 2 (f) – Information ‘means any material in any form, including records, material in any form, including records, documents, memos, e-mails, opinions, documents, memos, e-mails, opinions, advices, press releases, circulars, advices, press releases, circulars, orders, logbooks, contracts, reports, orders, logbooks, contracts, reports, papers, samples, models, data material papers, samples, models, data material held in any electronic form and held in any electronic form and information relating to any private body information relating to any private body which can be accessed by a public which can be accessed by a public authority under any other law for the authority under any other law for the time being in force’time being in force’

Section 2 (h) – Public authority means ‘any Section 2 (h) – Public authority means ‘any authority or body or institution of self-authority or body or institution of self-government established or constituted (a) government established or constituted (a) by or under the Constitution; (b) by any by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by Parliament; (c) by any other law made by state legislature; (d) by other law made by state legislature; (d) by notification issued or made by the notification issued or made by the appropriate government, and includes any appropriate government, and includes any (i) body owned, controlled or substantially (i) body owned, controlled or substantially financed; (ii) non-government organization financed; (ii) non-government organization substantially financed, directly or indirectly substantially financed, directly or indirectly by funds provided by the appropriate by funds provided by the appropriate government’ government’

Section 2 (i) – record includes Section 2 (i) – record includes (a) any document, manuscript & file; (a) any document, manuscript & file; (b) any microfilm, microfiche and (b) any microfilm, microfiche and facsimile copy of a document; facsimile copy of a document; (c) any reproduction of image or (c) any reproduction of image or images embodied in such microfilm images embodied in such microfilm (whether enlarged or not); and (whether enlarged or not); and (d) any other material produced by a (d) any other material produced by a computer or any other devicecomputer or any other device

Section 2 (j) – right to information means ‘the right Section 2 (j) – right to information means ‘the right to information accessible under this Act which is to information accessible under this Act which is held by or under the control of any public held by or under the control of any public authority and includes the right to- authority and includes the right to- (i) inspection of work, documents, records; (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of (ii) taking notes, extracts or certified copies of documents or records; documents or records; (iii) taking certified samples of material; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other floppies, tapes, video cassettes or in any other electronic mode or through printouts where such electronic mode or through printouts where such information is stored in a computer or in any other information is stored in a computer or in any other devicedevice

Chapter II–Right to Information and Chapter II–Right to Information and Obligations of Public AuthoritiesObligations of Public Authorities

Section 3 – Subject to the provisions of this Act, all Section 3 – Subject to the provisions of this Act, all citizens shall have the right to informationcitizens shall have the right to information

Section 4 – Every Public Authority shall maintain all its Section 4 – Every Public Authority shall maintain all its records duly catalogued and indexed in a manner and records duly catalogued and indexed in a manner and the form which facilitates the right to information and the form which facilitates the right to information and ensure that all records that are appropriate to be ensure that all records that are appropriate to be computerized are, within a reasonable time and computerized are, within a reasonable time and subject to availability of resources, computerized and subject to availability of resources, computerized and connected through a network all over the country on connected through a network all over the country on different systems so that access to such records different systems so that access to such records facilitated – also to provide the information facilitated – also to provide the information suo motusuo motu to the public at regular intervals through various to the public at regular intervals through various means of communications, including internet – means of communications, including internet – dissemination, keeping in mind the cost dissemination, keeping in mind the cost effectiveness, local language -effectiveness, local language -

Section 5 – Designation of Public Section 5 – Designation of Public Information Officers [Central Public Information Officers [Central Public Information Officers and State Public Information Officers and State Public Information Officers] within 100 days of Information Officers] within 100 days of the enactment of this Actthe enactment of this Act

Section 6 (2) – No reason need to be Section 6 (2) – No reason need to be given for requesting the information or given for requesting the information or any other personal details by the any other personal details by the applicant except those that may be applicant except those that may be necessary for contacting himnecessary for contacting him

Section 7 – Disposal of request – as Section 7 – Disposal of request – as expeditiously as possible, and in any expeditiously as possible, and in any case within thirty days of the receipt of case within thirty days of the receipt of the request, either provide the the request, either provide the information on payment of such fee as information on payment of such fee as may be prescribed or reject the request may be prescribed or reject the request for any of the reasons specified in for any of the reasons specified in sections 8 and 9 – failing which it shall sections 8 and 9 – failing which it shall be deemed to have refused the requestbe deemed to have refused the request

Section 8 – Exemptions from disclosure of Section 8 – Exemptions from disclosure of informationinformation

88 (1)-Notwithstanding anything contained in this  (1)-Notwithstanding anything contained in this Act, there shall be no obligation to give any Act, there shall be no obligation to give any citizen,—citizen,—

(a)(a) information, disclosure of which would information, disclosure of which would prejudicially affect the sovereignty and integrity prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or of India, the security, strategic, scientific or economic interests of the State, relation with economic interests of the State, relation with foreign State or lead to incitement of an offence;foreign State or lead to incitement of an offence;

(b) information which has been (b) information which has been expressly forbidden to be published expressly forbidden to be published by any court of law or tribunal or the by any court of law or tribunal or the disclosure of which may constitute disclosure of which may constitute contempt of court;contempt of court;

(c)(c) information, the disclosure of information, the disclosure of which would cause a breach of which would cause a breach of privilege of Parliament or the State privilege of Parliament or the State Legislature;Legislature;

(d)(d) information including commercial confidence, information including commercial confidence, trade secrets or intellectual property, the trade secrets or intellectual property, the disclosure of which would harm the competitive disclosure of which would harm the competitive position of a third party, unless the competent position of a third party, unless the competent authority is satisfied that larger public interest authority is satisfied that larger public interest warrants the disclosure of such information;warrants the disclosure of such information;

(e) information available to a person in his fiduciary (e) information available to a person in his fiduciary relationship, unless the competent authority is relationship, unless the competent authority is satisfied that the larger public interest warrants the satisfied that the larger public interest warrants the disclosure of such information; disclosure of such information;

(f) (f)  information received in confidence from information received in confidence from foreign Government; foreign Government;

(g) information, the disclosure of (g) information, the disclosure of which would endanger the life or which would endanger the life or physical safety of any person or physical safety of any person or identify the source of information or identify the source of information or assistance given in confidence for law assistance given in confidence for law enforcement or security purposes;enforcement or security purposes;

(h) information which would impede (h) information which would impede the process of investigation or the process of investigation or apprehension or prosecution of apprehension or prosecution of offenders; offenders;

(i)(i) cabinet papers including records of cabinet papers including records of deliberations of the Council of Ministers, deliberations of the Council of Ministers, Secretaries and other officers:Secretaries and other officers:

Provided that the decisions of Council Provided that the decisions of Council of Ministers, the reasons thereof, and the of Ministers, the reasons thereof, and the material on the basis of which the decisions material on the basis of which the decisions were taken shall be made public after the were taken shall be made public after the decision has been taken, and the matter is decision has been taken, and the matter is complete, or over: complete, or over:

Provided further that those matters Provided further that those matters which come under the exemptions which come under the exemptions specified in this section shall not be specified in this section shall not be disclosed; disclosed;

(j)(j) information which relates to personal information which relates to personal information the disclosure of which has no information the disclosure of which has no relationship to any public activity or interest, or relationship to any public activity or interest, or which would cause unwarranted invasion of the which would cause unwarranted invasion of the privacy of the individual unless the Central Public privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the State Public Information Officer or the appellate authority, as Information Officer or the appellate authority, as the case may be, is satisfied that the larger the case may be, is satisfied that the larger public interest justifies the disclosure of such public interest justifies the disclosure of such information:information:

Provided that the information which cannot Provided that the information which cannot be denied to the Parliament or a State be denied to the Parliament or a State Legislature shall not be denied to any person.Legislature shall not be denied to any person.

8 (2) Notwithstanding anything in the Official Secrets Act, 8 (2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure allow access to information, if public interest in disclosure outweighs the harm to the protected interests.outweighs the harm to the protected interests.

8 (3) Subject to the provisions of clauses (a), (c) and (i) of 8 (3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurrence, event or matter which has taken place, occurred or happened twenty years before the date on occurred or happened twenty years before the date on which any request is made under secton 6 shall be which any request is made under secton 6 shall be provided to any person making a request under that provided to any person making a request under that section:section:

Provided that where any question arises as to the Provided that where any question arises as to the date from which the said period of twenty years has to be date from which the said period of twenty years has to be computed, the decision of the Central Government shall computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this be final, subject to the usual appeals provided for in this Act. Act.

Section 9Section 9. Without prejudice to the . Without prejudice to the provisions of section 8, a Central provisions of section 8, a Central Public Information Officer or a State Public Information Officer or a State Public Information Officer, as the Public Information Officer, as the case may be, may reject a request case may be, may reject a request for information where such a request for information where such a request for providing access would involve an for providing access would involve an infringement of copyright subsisting infringement of copyright subsisting in a person other than the State.in a person other than the State.

Section 10 – severability of information Section 10 – severability of information to be given – possibleto be given – possible

Section 11 – third party information – Section 11 – third party information – time schedule – five days – written notice time schedule – five days – written notice to the third party inviting to make a to the third party inviting to make a submission in writing or orally and such submission in writing or orally and such submission of the third party shall be submission of the third party shall be kept in view while taking a decision kept in view while taking a decision about disclosure of information [10 days]about disclosure of information [10 days]

CIC and SICCIC and SIC

Section 20 – Penalties Section 20 – Penalties [mandatory?][mandatory?] for for mala fidemala fide actions actions Rupees 250 for every day but Rupees 250 for every day but

subject to a maximum of 25,000subject to a maximum of 25,000 Also for initiating disciplinary Also for initiating disciplinary

proceedings against CPIO or SPIOs proceedings against CPIO or SPIOs under the respective service rules under the respective service rules applicable to themapplicable to them

Chapter VI - MiscellaneousChapter VI - Miscellaneous Section 21 – protection of action Section 21 – protection of action

taken in taken in good faithgood faith

Section 22 - Overriding effect over Section 22 - Overriding effect over the Official Secrets Act 1923the Official Secrets Act 1923

Section 23 – Bar on the jurisdiction Section 23 – Bar on the jurisdiction of courts – Kihoto Hollohon v. of courts – Kihoto Hollohon v. ZachilhuZachilhu

Section 24 – Act not to apply to Section 24 – Act not to apply to agencies specified in Schedule II to the agencies specified in Schedule II to the Act – IB, RAW, DRI, CEIB, DE, NCB, ARC, Act – IB, RAW, DRI, CEIB, DE, NCB, ARC, SPF, BSF, CRPF, ITBP, CISF, NSG, ASSAM SPF, BSF, CRPF, ITBP, CISF, NSG, ASSAM RIFLES, SPECIAL SERVICE BUREAU, RIFLES, SPECIAL SERVICE BUREAU, SPECIAL BRANCH (CID) ANDAMAN & SPECIAL BRANCH (CID) ANDAMAN & NICOBAR, THE CRIME BRANCH-CID-CB NICOBAR, THE CRIME BRANCH-CID-CB DADRA AND NAGAR HAVELI, SPECIAL DADRA AND NAGAR HAVELI, SPECIAL BRANCH OF LAKSHADWEEP POLICEBRANCH OF LAKSHADWEEP POLICE

District Registrar & Collector v. Canara Bank (2005) 1 District Registrar & Collector v. Canara Bank (2005) 1 SCC 496SCC 496‘‘Articles 19 (1) (a) & (d) and 21 – Right to Privacy of Articles 19 (1) (a) & (d) and 21 – Right to Privacy of the person – right to freedom from unreasonable the person – right to freedom from unreasonable search and seizure – confidentiality of bank search and seizure – confidentiality of bank documents, telephone calls and correspondence – SC documents, telephone calls and correspondence – SC held that state cannot have unrestricted access to held that state cannot have unrestricted access to inspect and seize or make roving inquiries into all bank inspect and seize or make roving inquiries into all bank records relating to a person, without any reliable records relating to a person, without any reliable information before it prior to such inspection, Search, information before it prior to such inspection, Search, taking notes or extracts or seizure of the said taking notes or extracts or seizure of the said documents documents would amount to a breach of would amount to a breach of confidentiality and be violative of privacy rights of confidentiality and be violative of privacy rights of customers of the bankcustomers of the bank, unless there is some probable , unless there is some probable or reasonable cause or basis, or reasonable cause or basis, to be recorded in writing, to be recorded in writing, or materials before the authority making or or materials before the authority making or authorizing the search etcauthorizing the search etc.’.’

Onkar Lal Bajaj v. Union of India (2003) 2 Onkar Lal Bajaj v. Union of India (2003) 2 SCC 673 - ‘Articles 21 & 14 – right to SCC 673 - ‘Articles 21 & 14 – right to information – allotment of retail outlets, information – allotment of retail outlets, distributorships and dealerships of distributorships and dealerships of petroleum products – political patronage petroleum products – political patronage for allotment was alleged by the press – for allotment was alleged by the press – Under such circumstances, the public in Under such circumstances, the public in general has a right to know under what general has a right to know under what basis their elected representatives got basis their elected representatives got such allotments’such allotments’

Nandkishore Ganesh Joshi v. Municipal Nandkishore Ganesh Joshi v. Municipal Corporation of Kalyan, Dombivali (2004) 11 SCC Corporation of Kalyan, Dombivali (2004) 11 SCC 417 – ‘Under the Bombay Provincial Municipal 417 – ‘Under the Bombay Provincial Municipal Corporation Act, 1949 the Standing Committee Corporation Act, 1949 the Standing Committee sought additional documents from Commissioner sought additional documents from Commissioner with a bona fide performance of its statutory with a bona fide performance of its statutory functions – Commissioner is bound to comply with functions – Commissioner is bound to comply with such request unless there exist strong and cogent such request unless there exist strong and cogent reasons for not doing so – Commissioner cannot reasons for not doing so – Commissioner cannot contend that all information have been supplied contend that all information have been supplied in a proforma and cannot seek protection u/s 123 in a proforma and cannot seek protection u/s 123 of Evidence Act (privileged documents) – tenders of Evidence Act (privileged documents) – tenders – duty bound to provide additional documents – duty bound to provide additional documents sought by the Standing Committee under R.24 of sought by the Standing Committee under R.24 of Working Rules’Working Rules’

PUCL v. Union of India (2004) 9 SCC 580 PUCL v. Union of India (2004) 9 SCC 580 ‘section 14 of POTA – obligation to furnish ‘section 14 of POTA – obligation to furnish information – information – intra viresintra vires articles 14, 19, articles 14, 19, 20(3) and 21 – Neither a lawyer can claim 20(3) and 21 – Neither a lawyer can claim professional communication beyond what is professional communication beyond what is permitted u/s 126 of Evidence Act, nor is permitted u/s 126 of Evidence Act, nor is there any law permitting a newspaper or a there any law permitting a newspaper or a journalist to withhold relevant information journalist to withhold relevant information from courts, from courts, nor can withholding of such nor can withholding of such information be traced to the right to information be traced to the right to privacy, which itself is not an absolute privacy, which itself is not an absolute right’right’

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