controversy regarding file noting

[crusader]

The proposed amendments to this Act were or are:

1. All file notings to be exempted except for social and development projects.
2. No cabinet paper to be disclosed even after a decision has been taken.

Aren't these both amendments fatal to the spirit of the main Right to Information Act of 2005?
The government's intent in confining it only to social and development projects is a very worrisome limitation. Any file note may end up being considered as not pertaining to social or development project, just to deny access.

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[avdhesh]

Sponsorer

The fear of disclosure may create an atmosphere that will restrain an officer from making an independent decision. The expression of opinions and internal deliberations of the government are for the use of the department and not for outside exposure, publicity or to create a public controversy. The Constitution prohibits any fetter on fearless and independent expressions of officials’ opinions on matters referred to them. Apprehensions of threat and risks to officers from mafia groups and anti-social elements or trial by vested interests in media or unnecessary litigations against individual officials is a logical reaction.

The right to information does not contemplate an absolute rule to conduct an inquiry into every affair of the State. Access to information strengthens democracy and enables people to judge the conduct and credibility of public functionaries, entrusted with the power to govern. After all, India has welcomed the voter’s right to know about the assets of candidates running for elections. This is a rule that could, ideally, be made applicable to every functionary entrusted with public duty.

Transparency may not be the opposite of confidentiality of sensitive information, but there must be a harmonious understanding in public interest, since both are aspects of the ‘public interest concept’ of administration.

I think the issue of file notings is not of great significance, as long as the other provisions of the RTI Act are followed in letter and spirit.

[Hari Gautam Obhrai]

For act to be useful must divulge all information with few exceptions where security of state may be involved! Oath to uphold constitution or Oath of secrecy can be suitably modified!Hari Gautam Obhrai

[MOHANDAS]

Dear Sir,

[LEFT]If there is transparancy in the dealings of the P.As and authorities what is the harm
in disclosing the information, may be it in the form of file notings and allied matters. If the
file noting is an integral part of certain informatin sought under the RTI Act 2005, the same
should be made available to the RTI information seeker in its right perspective.

There is no straight jacket formula to be adopted in every case. The matter has
to be adjudged as per the circumstances and nature of case.
[/LEFT]
MOHANDAS