TNN, Sep 13, 2010,
NEW DELHI: Pushing the envelope regarding disclosure of confidential information, Central Information Commission has ruled that documents are open to public before being submitted to the cabinet secretariat for the Union Cabinet's consideration.
This is a departure from the usual practice in the government where most public authorities took a wide view and denied all information related to Cabinet notes on the plea that the issue was under consideration and had not been finalized.
A CIC bench decided that proposals formulated by ministries get cover under exemption clause of RTI Act only when they are 'actually' submitted to cabinet secretariat to be placed for discussion. The RTI Act under section 8(1)(i) exempts from disclosure Cabinet papers including records of deliberations of council of ministers, secretaries and other officers till decision has been taken.
"Exemption under section 8(1)(i) will apply only when a note is submitted by the ministry that has formulated it to cabinet secretariat for placing this before the Cabinet. All concomitant information preceding that, which does not constitute a part of that Cabinet and will then, be open to disclosure," the CIC said.
The records which went into preparation of a Cabinet note "but is not a part of it" have to be provided to an RTI applicant as per provisions of the law, the commission felt. "A note that is withdrawn would therefore not constitute a Cabinet note and would qualify for disclosure," the order said.
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