Summary
The Court directed the Central and State Information Commissions to continuously monitor public authorities’ proactive disclosure obligations under Section 4 of the RTI Act, including applicable DoPT guidelines. It emphasised the statutory monitoring, reporting and recommendation framework as a means of making the right to information effective.
Issues
- How implementation of public authorities’ proactive disclosure duties should be monitored and enforced within the RTI framework.
Provisions considered
- Sections 3 and 4, Right to Information Act, 2005The statutory right to information corresponds to public authorities’ affirmative duties to maintain accessible records, publish specified information, provide reasons and disseminate information proactively. (¶¶ 1, 2, 3, 22, 25, 26, 27)
- Section 25, particularly subsection (5), Right to Information Act, 2005The monitoring and annual reporting framework requires information from departments and permits Commission recommendations identifying corrective steps where public-authority practices do not conform to the Act. (¶¶ 19, 20, 21, 24, 25, 26)
Held
- The effectiveness of the citizen’s right rests on performance of the public authority’s corresponding obligations. Section 4 requires proactive accessible dissemination, not merely responses to individual requests; accountability must govern the relationship between authorities and rights holders. (¶¶ 1, 2, 3, 22, 25)
- The implementation record required strict, continuing attention by the Information Commissions. Section 25 links departmental information gathering, Commission reports, government submission to legislatures and recommendations for improvement into a statutory accountability framework. (¶¶ 17, 18, 19, 20, 21, 24, 25)
- The Central and State Information Commissions must continuously monitor Section 4 compliance together with DoPT’s applicable guidelines and memoranda, expressly including the 7 November 2019 instructions. They may recommend necessary compliance steps to public authorities under Section 25(5). (¶¶ 26, 27)
Result
Writ petition disposed of with directions to the Central and State Information Commissions to ensure Section 4 implementation through continuous monitoring and the specified guideline and recommendation framework. No costs.