A matter of transparency

Clarify "one subject matter" rule for RTI applicants

danish

Danish Raza | January 31, 2011



The government has rejected recommendations of the national advisory council (NAC) on draft RTI rules.

One of the many proposed draft rules which faced vehement opposition from the champions of the transparency act as well as NAC is draft rule 4.

The rule says that the RTI applicant can ask questions related only to "one subject matter" and the request for information should not exceed 250 words.

There are other draft rules which, if notified, are expected to make things difficult for the RTI applicants (draft rule 16, according to which, the proceedings in an information commission shall abate on the death of the appellant), the provision of one subject matter is not only ambiguous but also ultra vires of the Act.

Take the example of NREGA to understand the confusion this rule can generate among the RTI users.

Is NREGA one subject matter? Or will the queries related to the implementation of NREGA in one state fall under one subject matter? Do all queries related to expenditure under NREGA form one subject matter? Or can the applicant also seek information on the action taken against corrupt officials, in the same application? Is embezzlement of funds in NREGA one subject matter, or embezzlement of funds in NREGA in Rajasthan, for example, one subject matter?

In the time to come, RTI applicants will be brainstorming about these and many more questions arising out of this proposed rule.

Let’s now look the justification given by the department of personnel and training (DoPT) on this rule.

Suppose you have filed RTI application in government office X. In case, office X finds that the entire request or part of it, pertains to office Y, then office X should transfer your application or such part of it, to office Y under section 6(3) of the Act.

The very fact that the government office (or public authority) is supposed to transfer ‘such part’ of the application to another office implies that one RTI application can contain queries on more than one subject matter.

However, DoPT refers to the mentioned section, saying that “there is a provision of one subject matter in the Act itself”. 

Further, according to DoPT, “the singular form in the Act suggests that the Act requires an application to have requests on one subject only”.

To correct the anomaly, CHRI, an NGO, working for the RTI act, points to section 13 of the general clauses Act, 1897. It says, “In all (Central Acts) and Regulations, unless there is anything repugnant in the subject or context
? Words importing the masculine gender shall be taken to include females, and words in the singular shall include the plural, and vice versa.”

But then why has the government drafted such a provision in the first place, if it can result in such a confusion and is against the spirit of the RTI Act itself, you may ask?

Answer to this is present in DoPT’s justification of this rule. “Many a time it becomes difficult to ascertain as to who should deal with the application. It not only results in delay in reply to the application. It also creates frustration amongst the officers within a public authority.”

Babudom at work, you see!

Comments

 

Other News

Gandhian movement after Gandhi failed: Ram Guha

The Gandhian movement in India, after Gandhi’s death, failed, says Ramachandra Guha, and blames Vinoba Bhave for it. But the movement found new, fertile grounds around the world and succeeded in bringing about a change in South Africa, the US and elsewhere. It is high time it returned home. Of cour

When religion, politics and Bollywood come together

Tavleen Singh, noted journalist and political commentator, has turned to fiction, with her debut novel ‘The Actor’ (HaperCollins India). Set in the near future, it has a superstar, Amit Singh, turning to politics, when the political landscape is dominated by prime minister Guru Gaynendraj

Cabinet approves setting up of Integrated Transport & Logistics Authority

The union cabinet, chaired by prime minister Narendra Modi, on Tuesday approved the setting up of a Special Purpose Vehicle (SPV), called Integrated Transport & Logistics Authority (ITLA), to strengthen research, planning, appraisal, monitoring and impact assessment within the broad domains of Transp

Why foundational literacy and numeracy is key to school education

Foundational Literacy and Numeracy (FLN) are often described as the building blocks of education. Yet, their significance goes well beyond a child’s ability to read a sentence, write a response or solve a basic mathematical problem. These foundational skills shape how children understand the world,

When police data becomes the algorithm

For decades, policing has followed a familiar sequence: a crime occurs, the police respond, an investigation produces records and those records become part of the institutional memory of the criminal justice system. Artificial intelligence is beginning to alter that sequence. Instead of merely recording

Before India voted, the framers worried about the referee

“We are making a Constitution forever and not only for today.” Shibban Lal Saksena said this in the Constituent Assembly on June 15, 1949. He was warning that a ruling party might one day choose a loyalist to run India’s elections. Seventy-seven years later, the Supreme Court is wrestli

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter