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The proposed amendments to the RTI Act
(annexed), as reportedly approved by the Union Cabinet, seek to exclude most
"file notings" from the purview of the RTI Act (proposed amendment of section 2
(i) of the RTI Act).
These amendments also propose to remove
access to the "material on the basis of which "decisions were taken by the
Council of Ministers. This, in effect, takes away the current access to the
cabinet note, even after the decision has been taken and the matter is over
(amendment to section 8(1) (i) of the RTI Act).
The amendments further propose to withdraw
the current access to the identities of those who have recorded notings, made
inspection, gave recommendations or otherwise tendered advice or opinion, even
for those matters where access to notings is allowed, specifically for
development and social issues (insertion of sub-clause 'k'under section 8(1)).
It is also proposed to exempt all
information related to "a process of any examination" conducted by any public
authority (insertion of sub-clause ‘l ’ under section 8(1)).By the same
insertion, it is also intended to exempt from disclosure all information
pertaining to "assessments or evaluation" made for the purpose of "judging the
suitability of
any person for appointment or promotion to
any post or admission to any course or any other such purpose …." The amendments
further seek to take away access to all documents and records, not just notings,
which contain any "legal advice, opinion, observation or recommendation
….during the decision making process prior to the executive decision or policy
formulation" (insertion of sub-clause 'm'under section 8(1)). Finally, by
insertion of sub-section 6 in section 18 of the RTI Act, the amendments take
away the independence of the Information Commissions and lay down that the final
decision on all complaints to the Information Commissions, after they have been
enquired into by the Information Commission, would lie with the state or central
government (as appropriate), and that the decision of this government "shall be
final". Despite the fact that section 4(1)(c) of the RTI Act lays an unambiguous
obligation on the government to, suo moto, "publish all relevant facts while
formulating important policies or announcing the decisions which affect public",
the people of India who are the affected parties were not taken into confidence
about what has prompted the government to take this drastic and retrograde step
just months after the Act became operational. What great crisis occurred that
needed such a sudden and secret response. Surely, there were other less
crippling ways of dealing with any legitimate objections that may have been
raised.
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