Exemption clauses of the RTI Act related to Cabinet documents will apply only when proposals formulated are "actually" taken up for consideration by the Cabinet, the Central Information Commission has held.

The information which went into preparation of a cabinet note "but is not a part of it" will qualify for disclosure as per provisions of the Right to Information Act, a full bench of the Commission said.

"A note that is withdrawn would therefore not constitute a Cabinet Note and would consequently qualify for disclosure," the Bench comprising Chief Information Commissioner Wajahat Habibullah and Information Commissioners Satyananda Mishra and Deepak Sandhu held.
Section 8(1)(i) of the RTI Act 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 Bench said.

The case relates to Human Rights activist Venkatesh Nayak who sought from the Department of Personnel and Training a copy of the draft Public Interest Disclosure and Protection of Informers' (PIDPI) Bill approved by the Cabinet.

"The key issue for decision here, therefore, would appear to us to be to distinguish what constitutes the stage of 'formulation', when disclosure of draft legislation leading to policy is mandatory, as against the stage of 'finalisation', when it will constitute a document exempt from disclosure," it said.

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".