RTI rules do not seem to be attempt to dilute the Act: Gandhi

The proposed RTI rules do not appear to be a move to consciously dilute the law and its efficacy, former Central Information Commissioner Shailesh Gandhi today said.
Terming the rule on the abatement of proceedings in case of death of the applicant as "controversial", Gandhi said it should be changed and disclosure of information on the website should be made mandatory in such cases.
"It has not been appreciated that the information sought in RTI belongs to all citizens since they own the government and every piece of information held by it. Thus everyone has the right to get the information which is sought by an applicant," he said.

Gandhi said allowing withdrawal of RTI appeals would be a direct encouragement to undesirable pressure on applicants, and deal making.
"The law expects all information to be available suo moto. This proposed rule should be modified to state that when an appeal is sought to be withdrawn or an appellant dies, the information sought shall be placed on the website," he said.
He said the proposed rules mention that payment of fees can be done electronically where "it is available" but added that the rule should be modified so that in all cases public authorities must accept fees by electronic mode.

"On the balance, this does not appear to be a move to consciously dilute the law and its efficacy... If rule 12 is changed to mandate placing on the website information sought by any appellant who has died, it would be a balanced set of rules for RTI," he said.