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.