Finally, Towards Transparency...

NagendarSharma: Would the Right to Information (RTI) Act and Central Information Commission(CIC) be able to bring transparency and accountability in India'spublic life?

WajahatHabibullah: Absolutely. The two terms which you have used – accountability andtransparency – are precisely the purpose of this law -- to enforce accountability andtransparency in government functioning in the country. Our democracy would now become more meaningful with the new law.TheConstitution already had the provision in Article 19, which allowed the citizensof the country to seek information, but now for the first time the citizenswould - as a matter of right - seek information from the various departments andministries of central as well as state governments.

Listener from Haryana: The setting up of Central Information Commission isno doubt a revolutionary step. However, people of the country are not aware ofyour office and its contact address. It seems government departments are notinclined to give information about this. Secondly does the RTI Act apply tocourt proceedings? Can the people now get free access to court proceedings? Thirdly,the law ministermade some far reaching statements on judicial reforms in June in Shimla, butnothing was implemented, how can we find out about progress?

WajahatHabibullah: If there is lackof information about our office, I think it should only be put down to the factthat we have only been recently set-up, so itmay take some time. However it is good that you have asked and I am giving youour website address right now, please note – www.rti.nic.inand soon we are setting up another website its address would be www.cic.gov.in.I am also giving you my e-mail address: whabibullah@nic.inOurpostal address is : Block 4; Floor 5; Old JNU Campus; NewDelhi110067.

Sofar as your question regarding the courts’ proceedings are concerned, theanswer is yes. Since courts are public authorities in accordance with theSection 3 of the RTI Act, therefore you have a right to seek information. PublicInformation Officers would have to be appointed by the courts for this purpose.Now coming to announcements made by the law minister, you should put thisquestion to the law ministry and get the answers from them. If you are not satisfied, Ihave already spelt out the remedies earlier, these are now available to you, usethem!

Listener from Bihar: Sir, why have the defence services and ministry of defence kept out of theRight to Information Act?

WajahatHabibullah: Right to Information applies to the Ministry of Defence andsecurity forces of the country, as it does to any other government department,however Section 8 of the RTI Act makes it clear that where issues of security ofthe country as well as law and order situation in the country is involved,information in these cases would not be made public. Let me define Section 8of the Act which says information,disclosure of which would prejudicially affect the sovereignty and integrity ofIndia, security, strategic, scientific or economic interests of the state, relationswith the foreign states, or lead to incitement of offence, such informationcannot be made public. This would include Army, Navy and the Air Force. However,administrative matters in these services, would be treated like any otherdepartment and citizens have a right to seek information in such matters.

NagendarSharma: But Mr Habibullah, take the defence deals which have been in the eye of suspicionfor many years now, and have infact seen governments voted out of power– surely the people of the country should have a right to see what happens in defencedeals.

WajahatHabibullah: The citizens of the country would have the right to accessinformation after a defence deal has been completed and all transaction detailsfinalised. However information cannot be given at the initial stage, when tenderbidding process is on. At this stage, any competitor or disgruntled party couldcome up and seek information which may lead to jeopardising the deal,endangering the economic interests of the country. Therefore the answer is yes,citizens of the country have a right to access the information regarding defencedeals, but after the completion of the process.

Listener from Delhi: Would information regarding appointments, transfers and postings, whichhave been in the eye of suspicion for many years now in centre as well as instate governments, be available to the public under the RTI Act?

WajahatHabibullah: So far as the law and the commission is concerned, it is.Everything except what is mentioned in Section 8 of the Act, and which does notinvolve issues of security, sovereignty and law & order situation of thecountry falls within the ambit of the Act. Having said this, however let me tellyou that discussions are on within the government and various ministries, aboutthe level of information to be made public, and it is for them to give a finalshape. So far as the law is concerned, it is clear.

Listener from Bihar: The allotment of petrol pumps, sale of government land in cheap rates andother such areas of favouritism and corruption, in which ruling parties indulge,would such information be allowed to be accessed by general public?

WajahatHabibullah: Absolutely. This is precisely what has been been laid down in thestatements of objectives of this law. Its sole purpose is to ensure transparencyand accountability in governments' functioning. Whether any leader, official oranybody has allotted a petrol pump, government land -- in fact, let me make itclear that anything which has government money involved, which eventually meanstax payers money, all that is subject to scrutiny.

Earlieralso, there were provisions in the Constitution, which allowed the citizens of Indiato seek information, but for the first time, it has been made absolutely clearwithout any ambiguity that anything which raises suspicion in the public eye,whether it is allotment or sale, the ntire information sought would have to be madepublic. Infact, this law tells you the ways to ensure accountability ingovernment functioning. 

Listener from Maharashtra: Office of the Comptroller & Auditor General (CAG), and the RailwaysDepartment etc., conduct examination for B & C grade employees forconfirmation and promotion. Do theemployees who are candidates in such exams have a right to see the answersheets. Similarly would the candidates now have a right to see the answer sheetsof various Public Service exams?

WajahatHabibullah: Let me make it clearthat rights which are not available under the existing laws or are not inaccordance with the decisions of courts of the country would not be availableunder the new law. It is therefore that one cannot demand to see the answersheets of exams by claiming a right by virtue of Right to Information Act.

NagendarSharma: But, Mr Habibullah, if any person is not satisfied with the information beingfurnished to him by a government department or official, what remedies areavailable to the complainant?

WajahatHabibullah: First of all there is no reason that any government official ordepartment should not be giving correct information, which has been sought.There would be Public Information Officers in all government departments at thecentre and in all the states. However, if a person is not satisfied or theythink the information given to them is not correct or is incomplete, then thefirst remedy available is that there would be an appellate authority within thegovernment department, which could be approached for information. Even then, ifthere is a grievance, then people are free to approach the state InformationCommissions, if the matter is regarding the state, and to the CentralInformation Commission, if the matter is regarding the centre. The reason foroptimism is that Information Commissions, whether at the state levels or theCentral Information Commission, are not under government control, and the RTIAct governs them.

Listener from Lucknow: There are a few practical problems. If I were to seek information from adepartment by e-mail, how would I deposit the fees asked per page for theinformation that I seek. Secondly, how would I know that 30 days have passed,since there would be a gap between receipt of the question and the money?

WajahatHabibullah: There are no problems. If you send your request for informationby e-mail, in such case you can ask the respective department how you could makethe payment, either to the bank or the local registry, but such logistics are tobe worked out by the government departments. The time of 30 days would becounted from the day, at which the government department from which you havesought information receives money. These are small procedural problems whichshould not be a hurdle in achieving the larger goal.