Right to Information Act, 2005 — Sections 3, 4(1)(b), (c), 8, 9, 10 & 11 — Object of statute

August 2nd, 2013

Right to Information Act, 2005 — Sections 3, 4(1)(b), (c), 8, 9, 10 & 11 — Object of statute — Object of RTI Act is to harmonize the conflicting public interests, that is, ensuring transparency to bring in accountability and containing corruption on the one hand, and at the same time ensure that the revelation of information, in actual practice, does not harm or adversely affect other public interests which include efficient functioning of the governments, optimum use of limited fiscal resources and preservation of confidentiality of sensitive information, on the other hand.

HELD: Information to which RTI Act applies falls into two categories, namely, (i) information which promotes transparency and accountability in the working of every public authority, disclosure of which helps in containing or discouraging corruption, enumerated in clauses (b) and (c) of section 4(1) of RTI Act; and (ii) other information held by public authorities not falling under section 4(1)(b) and (c) of RTI Act. In regard to information falling under the first category, the public authorities owe a duty to disseminate the information widely suo moto to the public so as to make it easily accessible to the public. In regard to information enumerated or required to be enumerated under section 4(1)(b) and (c) of RTI Act, necessarily and naturally, the competent authorities under the RTI Act, will have to act in a pro-active manner so as to ensure accountability and ensure that the fight against corruption goes on relentlessly. But in regard to other information which do not fall under Section 4(1)(b) and (c) of the Act, there is a need to proceed with circumspection as it is necessary to find out whether they are exempted from disclosure. One of the objects of democracy is to bring about transparency of information to contain corruption and bring about accountability. But achieving this object does not mean that other equally important public interests including efficient functioning of the governments and public authorities, optimum use of limited fiscal resources, preservation of confidentiality of sensitive information, etc. are to be ignored or sacrificed — .

Institute of Chartered Accountants of India v. Shaunak H. Satya[Bench Strength 2], Civil Appeal No. 7571/2011 (Arising out of SLP (C) No. 2040/2011)(02/09/2011), 2012(1) SCV(Civil) 23: 2011 AIR(SC) 3336: 2011(8) SCC 781: 2011(10) JT 128: 2011(9) SCALE 639: 2011(6) SLT 692 [R.V. Raveendran, J.: A.K. Patnaik, J.]

Entry Filed under: Right to Information