Al Ahram, p.17, (23-10-2007)

A look at the Indian Right to Information Act (2)

By: Gamal Mohammed Ghitas

The crux of the current crisis between the press and the government is the law of information circulation or the right to information. Although this law has recently been discussed extensively, a draft law has not been drawn up and put forward for public discussion yet. Last week I reviewed some articles of the Indian Right to Information Act which was enacted on 15/6/2007, with the objective of giving the Press Association, the Supreme Press Council and other agencies concerned with preparing the new law a good example.

The comments I received on my last week article have been generally positive. Some wondered why I chose the Indian law in particular while there is a wide democratic gap between us and the Indians?

I think India is the closest model to us and the best to take as an example. For we cannot take as an example a law from a more underdeveloped country in Africa or one that is very advanced like Sweden or the US.

So, let us go on with the Indian Right to Information Act. I will review two important points in this Act: mechanisms for implementing the Act and information and organisations excluded from it.

Mechanisms for implementing the Act

The Indian Act determines the following mechanisms for implementing it:

• The Central Government shall constitute a body to be known as the Central Information Commission consisting of the Chief Information Commissioner; and such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary. The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of the Prime Minister and the Leader of Opposition and a Union Cabinet Minister to be nominated by the Prime Minister. The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

• It shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person:

• who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information;

• who has been refused access to any information requested under this Act;

• who has not been given a response to a request for information or access to information within the time limit specified under this Act;

• who has been required to pay an amount of fee which he or she considers unreasonable;

• who believes that he or she has been given incomplete, misleading or false information under this Act.

• Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.

• The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters:

• summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;

• requiring the discovery and inspection of documents;

• receiving evidence on affidavit;

• requisitioning any public record or copies thereof from any office;

• issuing summons for examination of witnesses or documents;

• Regardless of any other considerations, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record which is under the control of the public authority, and no such record may be withheld from it on any grounds.

• The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.

• Where the Central Information Commission or the State Information Commission, as the case may be, is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has refused to receive an application for information or has not furnished information within the time specified under the Act or denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees.

• Where the Central Information Commission or the State Information Commission, as the case may be, is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or knowingly given incomplete information, it shall recommend for disciplinary action against him.

• Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act.

• The appropriate Government shall, within eighteen months from the commencement of this Act, compile a guide containing such information as may reasonably be required by a person who wishes to exercise any right specified in this Act.

Organisations and information excluded from the Act

The Act determined the information to be withheld from publication as follows:

• information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State or relation with foreign State;

• information which has been forbidden to be published by any court of law;

• information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

• information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

• information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

• information received in confidence from foreign Government;

• information, the disclosure of which would endanger the life or physical safety of any person;

• information which would impede the process of prosecution of offenders;

• cabinet papers including records of deliberations of the Council of Ministers and Secretaries provided that the decisions of Council of Ministers and the reasons thereof shall be made public after the decision has been taken.

The Second Schedule of the Act determined 18 intelligence and security organisations not subject to the Act except in cases of corruption and human rights violation. It said: "Nothing contained in this Act shall apply to the intelligence and security organisations established by the Central Government provided that the information pertaining to the allegations of corruption and human rights violations. In that case, the information shall only be provided after the approval of the Central Information Commission. Such information shall be provided within forty-five days from the date of the receipt of request."

The aim of reviewing the Indian Act in detail is not only to make it known to the concerned authorities, which must have a copy of it, but also to present to the public opinion a good example of an information law. Such a law has become a must in view of the information revolution and the overwhelming democratic development throughout the world.