• The Central Information Commission has directed the defence ministry to revisit its refusal to disclose records related to the Agnipath military recruitment scheme under the Right to Information (RTI) Act on the ground that the files were “secret”.

• In response to an RTI application filed by an activist, who sought records of deliberations on the Agnipath scheme, the defence ministry had said the files were classified as “secret” and could not be disclosed according to Section 8(1)(a) of the RTI Act.

• The Section referred to allows a public authority to withhold information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign States or lead to the incitement of an offence.

The Right to Information Act, 2005

• The Constitution of India has enshrined the principles of democracy, by guaranteeing to its citizens certain Fundamental Rights. Article 19(1)(a) and Article 21 of the Constitution of India, by implication, guarantee to the citizens of India the right to know everything done by public functionaries. 

• To set out a practical regime for securing information by citizens from the public authorities and to promote transparency and accountability in the working of all public authorities, the Parliament enacted the Right to Information Act in 2005.

• The Act is comprehensive and covers disclosure of information by public authorities on matters of governance. It is applicable to government at all levels — Union, state and local and also to the bodies owned, controlled or substantially financed directly or indirectly by the government. 

• It covers legislative bodies, the judiciary, the executive and Constitutional bodies.

• The Act casts an obligation on public authorities for suo-motu disclosure/publication of information held by them. It also requires the public authorities to supply information called for by any citizen and to permit him to inspect the documents and collect samples of various works. 

• The procedure for seeking information is very simple. A person seeking information has to make a request to the concerned public information officer indicating the information required. The request may be sent either by post, or be submitted in person or online if such facility exists with the public authority. 

• It can be made in Hindi or English or in the official language of the area in which the application is made.

• The Act creates the machinery to ensure supply of information, which consists of Public Information Officers, Assistant Public Information Officers, Departmental Appellate Authorities, independent Central and State Information Commissions, etc.

• The Act requires information to be provided in a time bound manner. A Public Information Officer is required to send information called for at the specified address within 30 days. In case the information concerns the life or liberty of a person, it has to be provided within 48 hours. 

• The Act provides for imposition of stringent penalty on the Public Information Officer, if the information is not provided within the prescribed period.

• Certain types of information pertaining to security of the country, scientific or economic interest of the country and information on trade secrets, etc are exempted from disclosure. Certain security or intelligence organisations have been exempted from disclosing any information except that pertaining to allegation of corruption or violation of human rights. 

• Such organisations are required to designate Public Information Officers and First Appellate Authorities to deal with applications and appeals relating to information pertaining to corruption or violation of human rights.

• The Act has created a system of two appeals. On not being provided information within the prescribed period or on not being satisfied with the reply provided, an applicant can make first appeal within 30 days to the departmental appellate authority, who is generally the next superior officer to the Public Information Officer. If not satisfied with the decision of the first appellate authority, the applicant can file a second appeal to the Central Information Commission or the State Information Commission, as the case may be, within 90 days.

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