TNN, Sep 7, 2010 :
NEW DELHI: Pushing the envelope regarding disclosure of confidential information, the Central Information Commission (CIC) 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 finalised.
A full bench of the Commission has decided that proposals formulated by the ministries get cover under the exemption clause of the RTI Act only when they are "actually'' submitted to the Cabinet Secretariat to be placed for discussion among the Cabinet members.
The RTI Act under section 8(1)(i) exempts from disclosure Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers till the 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 the Cabinet Secretariat for placing this before the Cabinet. All concomitant information preceding that, which does not constitute a part of that Cabinet Note, 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 the provisions of the law, according to the Commission.
"A note that is withdrawn would therefore not constitute a Cabinet Note and would consequently qualify for disclosure,'' the order issued by a bench comprising chief information commissioner Wajahat Habibullah and information commissioners Satyananda Mishra and Deepak Sandhu said.
The case relates to activist Venkatesh Nayak who sought a copy of the draft whistleblowers bill from the Department of Personnel and Training.
The Commission sought to distinguish between "the stage of formulation'' when disclosure of the draft legislation leading to policy is mandatory, as against the "stage of finalisation'' when it will constitute a document exempt from disclosure.
The Bench said once a draft is submitted to the Cabinet Secretariat, with all its necessary attachments for submission to the Cabinet, it would remain exempt from disclosure till such time as the decision has been taken and action to be taken thereon is "complete and over".
In Nayak's case, the Bench rejected disclosure of the Bill citing violation of Parliamentary privileges.
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