Ambiguous provisions hit execution

RIGHT TO INFORMATION-II

It has been billed as the biggest pro-people administrative reform in recent times. But a lack of clarity about its powers, functions and jurisdiction vis-à-vis the executive authority of the government haunts the Central Information Commission (CIC). The Right to Information Act (RTI) is no help.

The CIC and the government, for instance, have different opinions about the exemption of file notings from the purview of the RTI.

Earlier this month, Prime Minister Manmohan Singh had instructed the personnel and training department to incorporate some changes in the RTI rules to disclose certain categories of file notings except those protected by the exemption clauses under Section 8 of the Act.

The CIC is divided over the interpretation of the prime minister's instructions, although Chief Information Commissioner Wajahat Habibullah denies it.

"File notings is not an issue at all. The Prime Minister has only clarified the provisions of Section 8 of the Act," he said while adding that the Act per se did not provide for any exemption other than what was provided under the section.

Information commissioners have different views, though. "We have not received any communication about it from the government, although we did read about it in the newspapers. But, we will go by whatever is stipulated in the Act. There is no exemption of file notings except under Section 8 of the Act. We do not take any clarifications (about the provisions of the Act) through any executive orders," an information commissioner told Business Standard.

Another information commissioner, OP Kejariwal, had earlier written to the prime minister saying, "We were informed by the RTI website that file notings would be exempted. Why this should be so was not specified, for the Act has no such limiting factor.

"Here, therefore, was someone or some persons appropriating to themselves the powers and privileges of Parliament."

Apart from this contentious issue, the CIC is anticipating other problems regarding its jurisdiction. Although the commission is only concerned with central government departments, it may not be able to help straying into state affairs in the future.

For instance, if somebody were to seek information about some land allotted by state governments, say, for construction of airports, or to railways, the CIC has to bank on state governments for this. But, the commission will be in a spot if state government officials deny the information or provide wrong information. Who does the information seeker appeal to""the CIC or the state information commission?

Habibullah conceded that there could be some problems in such cases. "But, we have just started functioning. These things will be fine-tuned over a period of time."

For now, more than the provisions of the RTI Act, the CIC is tied up with trifles like chairs and fax machines, and accommodation.

Kejariwal's letter to the prime minister said it all: "As of now, the commission has no proper accommodation (at present, it functions from a temporary accommodation at the Jawaharlal Nehru University). It has a skeleton staff and no means to operate with the modest funds. Till today, the commission does not have an official letterhead. A visit to the commission office will reveal that it does not have the most basic facilities of an ordinary office."

The chief information commissioner has no complaints, though. "It is only the beginning. The foundation has been laid but Taj Mahal was not built in a day. It is only a matter of time and the government is doing its best," he said.