RTI Act and Transparency: Court Balances Information Access with Spending Scrutiny.
India's Right to Information (RTI) Act empowers citizens to access information held by public authorities. A recent court case explored the extent of the Central Information Commission's (CIC) authority under this act.
The case involved an RTI application seeking details on how a specific Member of Parliament (MP) utilized funds allocated under the Members of Parliament Local Area Development Scheme (MPLADS) for their constituency. The CIC, in its response, not only provided the requested information but also went a step further. It commented on a nationwide trend where some MPs reportedly accumulate and spend MPLADS funds closer to elections, potentially for gaining an electoral edge. The CIC recommended measures to ensure more balanced utilization and increased transparency in MPLADS.
The Ministry of Statistics and Programme Implementation (MOSPI), the central government department responsible for MPLADS, challenged these observations in the High Court. MOSPI argued that the CIC overstepped its boundaries by commenting on how funds are spent. They claimed the RTI Act focuses solely on providing requested information, not critiquing its use.
The Court sided with MOSPI on the specific issue of commentary. It struck down the portions of the CIC's order that addressed nationwide MPLADS fund utilization patterns and potential abuse. The Court clarified that the CIC's power under the RTI Act is limited to matters related to information requests and ensuring access to information held by public authorities.
However, the Court upheld a key aspect of the CIC's decision. MOSPI was directed to publish MP-wise, constituency-wise, and work-wise details of MPLADS funds. This requirement aligns with the core objective of the RTI Act - promoting transparency in government spending.
In conclusion, this case clarifies the scope of the CIC's authority under the RTI Act. The CIC plays a vital role in ensuring citizens have access to information, but it cannot delve into how that information is used. However, the Court emphasized the importance of transparency in government spending, and public authorities must comply with RTI Act provisions that promote this objective.
Right to Information Act, 2005