Moneylife: Pune: Wednesday, March 13, 2013.
The PIOs
failed to provide information within the stipulated time and the Govt of NCT
Delhi uploaded the DP Bill on its website only when the RTI applicant filed a
complaint before the CIC. This is the 54th in a series of important judgements
given by former Central Information Commissioner Shailesh Gandhi that can be
used or quoted in an RTI application.
The Central
Information Commission (CIC), while allowing a complaint, asked the chief
secretary (CS) of the Government of National Capital Territory of Delhi
(GNCTD), to ensure that citizens are kept informed about proposals for
significant legislative and policy changes.
While giving
this important judgement on 7 July 2010, Shailesh Gandhi, the then Central
Information Commissioner said, “The citizens individually are the sovereigns of
the democracy and they delegate their powers in the legislature. The public
authority should have disclosed the contents of the DP Bill suo motu and by
omitting to do so, the very purpose of Section 4(1) of the RTI Act stands
defeated.”
New Delhi
resident Venkatesh Nayak, on 3 March 2010, filed two applications under the RTI
Act with the Public Information Officer (PIO) of Home Department and Lt
Governor's Secretariat of GNCTD. He asked for proactive disclosure of the
contents of the Delhi Police (Amendment) Bill, 2010 (the DP Bill) in
furtherance to Section 4(1) (c) of the RTI Act. However, the authorities did
not provide the requested information within stipulated time. He then filed a
complaint under Section 18 of the RTI Act before the CIC.
Nayak told
the Commission that after filing this complaint, his RTI application was
transferred to the Commissioner of Police, Delhi Police by the PIO of Lt
Governor's Secretariat. On 30 March 2010, the PIO of Police Headquarters
informed him that the DP Bill had been placed on the websites of the Delhi
Police, GNCTD and the ministry of home affairs.
The PIO of
the Home Department, on 26 March 2010 also informed Nayak that the Bill had
been placed on the website of GNCTD and comments were invited from citizens of
GNCTD, non-governmental organisations (NGOs) and media persons.
During a
hearing, the CIC observed that Section 4 of the RTI Act mandates suo motu
disclosure of information in public domain by public authorities. More
specifically, Section 4(1) (c) of the RTI Act provides as follows:
"4. (1)
Every public authority shall-
c) publish all relevant facts while
formulating important policies or announcing
the decisions which affect public;"
"A plain
reading of Section 4(1) (c) of the RTI Act suggests that every public authority
is required to publish or disclose all facts and circumstances which are
relevant and taken into account while formulating policies and taking decisions
that would affect the public. Section 4(1)(c) of the RTI Act requires proactive
disclosure of proposed laws/ policies and amendments thereto or to existing
laws/policies to enable citizens to debate in an informed manner and provide
useful feedback to the government, which may be taken into account before
finalizing such laws/policies,” Mr Gandhi, the then CIC, observed.
He said,
given that the DP Bill was a significant legislative change, the relevant
public authorities involved in drafting of the said bill had a duty to
proactively disclose its contents under Section 4(1)(c) of the RTI Act. “The
concerned public authority, however, acted only after the complainant
approached the Commission and filed a complaint under Section 18(1) of the RTI
Act.”
The Commission
further observed that at that time, the GNCTD was not fully complying with
Section 4 of the RTI Act and therefore, was of the view that citizens must be
provided with means to debate legislative and policy changes which were likely
to affect public lives as contemplated by the GNCTD.
Mr Gandhi,
under the powers vested in the Commission, vide Sections 25(3) (g) and 25(5) of
the RTI Act, then directed the CS of GNCTD to develop a credible mechanism in
all departments for proactive and timely disclosure of draft
legislations/policies and amendments thereto or to existing laws/policies in
the public domain, as required under Section 4(1) (c) of the RTI Act, during
the process of their formulation and before finalization.
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