Difference between Question & information

[Shakti Prakash]

My brother asked some information from a Govt. Deptt, against many of the Items they replied- " this is a question, not related with information"
It is quiet clear that information saught were related to that particular deptt. but they simply refused to comment against those particular items delibrately. I read the guzzet issued by the Ministry concerned but no where found the difference between question & information. It is also not mentioned any where that questions can not be asked.
Let me know difference between question & information & whether the questions can be asked or not?

[karira]

Shakti,

Strictly speaking the information sought should be as per Sections 2(f), 2(i) and 2(j).
(The online RTI Act is available on our sister website www.rtiindia.info)

But it is very important to draft your queries properly. As you probably know, just a slight redrafting or rephrasing can change the so called "question" to "information" and vice-versa.

In one decision, the Kerala SIC justified "questions" in a RTI Application. Please see:

http://www.rtiindia.org/forum/4424-s...html#post15249 (SIC, Kerala's Orders accepting Questionnire under 2(f))
http://www.rtiindia.org/directory/up...e-under-2f-21/

Please also see:

http://www.rtiindia.org/forum/5173-d...formation.html (Definition of 'Information')
http://www.rtiindia.org/forum/4393-r...-question.html (RTI Application : Information vs Question)
http://www.rtiindia.org/forum/4371-i...html#post14999 (interpretation of section 2(f) RTI by SIC, Kerala)

[jps50]

Welcome to this portal having 9600+ members all over India. To guide U on how to frame queries under RTI, I would request U to refer my blog on Provident Fund, Pass port, Income tax refund. U can also peruse ALL ABOUT RTI icon on home page. This will give U exact idea. Nice to be with U.

[colnrkurup]

I still maintain that asking information in question form is not a taboo. It depends on how well you can convince them. The SIC was convinced and ordered provision of the information requested by me in questionnire form Please see following extract. However it is always better to frame the wording in such a way not to give the PIO an opportunity to escape provision of the information. Normally the PIO/FAA raise such objection only when they have no other means to justify their denial.
x x x x
The PIO denied the informtion on a plea that the information sought for in the form of "Questionnaire" does not come under Section 2(f) of the RTI Act.. In my First Appel I had pleaded that I had sought the information in a particular form as stipulated in Section 7(9), the meaning of the word "Form" are "Method used to convey the contents", " the way it is said" etc and the meaning of the word "Questionnaire" are "a Form containing a set of questions as a way of gathering information" etc. etc. The AA and Additional Chief Secretary repeated the same reply given by PIO in first Appeal. In Second Appeal to the SIC, following are the relevent portion of SIC, Kerala's Order AP No.594(4)SIC/2008 dated 27-5-2008

"The Commission pointedly asked the SPIO to explain as to how the information sought would not come under " Information " u/s 2(f) of the RTI Act just because it was put in a questionnaire format. After hearing the PIO the Commission clarified to her that the information as the appellant had sought would very well come under the "Information" as defined in Section 2(f) of the RTI Act and therefore it had to be provided. Accordingly the Commission directed the SPIO to provide the information etc., ..... within 7 days free of cost.
x x x x
There is a saying that 'Aao Behl Mujche Mar'. Why should we give the PIO/FAA any chance to raise such objection if we can affod to avoid it. In my case I had put in question form without realising it. When the PIO/FAA objected it I had found a way to justify my action. Luckily I could convince the SIC. But it may not be that easy always.

[snkmoorthy]

prakashji, if you ask a query in the form of a question, very often PIO has to say yes or no and that amounts to giving an opinion on the issue which is taboo under RTI. i will give u an example: listing out a lot of irregular activities of a doctor. an applicant had asked - should such a doctor continue in service? what do you expect the PIO to say to this question. hence it is important to phrase the questions in such a way that the issue cannot be evaded.

[karira]

prakashji, if you ask a query in the form of a question, very often PIO has to say yes or no and that amounts to giving an opinion on the issue which is taboo under RTI. i will give u an example: listing out a lot of irregular activities of a doctor. an applicant had asked - should such a doctor continue in service? what do you expect the PIO to say to this question. hence it is important to phrase the questions in such a way that the issue cannot be evaded.

This mainly happens because many citizens still believe that they can resolve issues or make the Public Authority act, just by filing a RTI application.

You can only get information through RTI. It is upto you as to how you will use that information.

Rephrasing the above question (as an example) so that it qualifies as "information":

Please provide certified copies of rules and regulations governing conditions of service of doctors working with........., especially those rules allowing/authorising doctors to.............

[colnrkurup]

Mr.Moorthy, I doubt whether answering 'Yes' or 'No' amount to giving opinion. Even otherwise Opinion is 'information' as defined in Section 2(f) and it is not a taboo. There is a well known example explaining as to why one cannot answer 'yes' or 'no'.

What could be the answer if asked " Did you stop beating your wife "? If the answer is yes, it convey that he used to beat his wife; but now stopped. If the answer is 'no' it means that he has not stopped beating his wife. In both cases he is conveying that he has been beating his wife. Answering 'yes' or 'no' will not serve the purpose.

[karira]

I have made several applications under RTI asking pointed questions to which the answer is yes or no.
Further I have asked:
If yes, please inform...
If no, please inform....

Did the department receive any complaints from consumers between 1st January 2008 and 30th June 2008 ?
If yes, please inform me the Names, Addresses, Consumer numbers of the complainants.

No problems at all - till now.

[arunevatia]

Asking of opinion also is not fool proof. In one of my RTI against SEBI , Appellate Authority stated that opinion can be given only if it exists with the public authority as information available with the organisation can only be disclosed. So the opinion was not given on the pretext that it is not available.

[colnrkurup]

The AA is very correct. One cannot ask opinion of a particular issue. If the opinion already arrived at is existing ie., the opinion is already held, one can ask for it