Section 4 of the RTI Act - At A Glance

( SUO-MOTU Disclosure by Public Authorities and Mechanism to implement the Same )

Introduction

Section 4 of the Right to Information Act, 2005 ( herein after called 'The Act') mandates that every public authority shall maintain all its records duly catalogued and indexed in a manner and in a form which facilitate the access to information granted as a right to all citizens. It requires every authority to ensure that all records that may be computerised are within a reasonable time and subject to availability of resources are computerised and connected through network all over the country on electronic systems so that access to such record is facilitated {Section 4(1)(a)}.

Obligations of public authorities
The Public authority is also mandated to publish details within 120 days from the enactment of this Act about its functionaries and the procedure that the functionaries had to follow in order to discharge their public function {S.4(1)(b)}. It is also obligatory to publish facts affecting people while formulating important policies or announcing the decisions { Section 4(1)(c) }. It also mandates every public authority to publish all relevant facts while formulating important policies or announcing the decision which affect people in general. Likewise, every public authority is obliged to provide reasons for its administrative or quasi-judicial decision to affected person { Section 4(1)(d) }.

SUO-MOTU Information
This Act mandates that the routine information must be put in public domain suo-motu to the public at regular intervals through various means of communications including Internet{Section 4(2)}. Experience shows that the more the information is put in public domain the lesser number of applications will be made by the citizens. However, Considering the fact that the information requested is unarguably must be in the public domain and that its range and volume is such that it would attract provisions of Section7(9) of the Act, it is not possible to authorize its disclosure in the form in which the appellant had requested as it would disproportionately divert the resources of the authority. But if the information sought is already in public domain, there is no denial of information u/s 8 (1) and 9 of this
Act.

Wide Dissemination of Information
The Act mandates that every information shall be disseminated widely and in such form and manner so that information is easily accessible to the public { Section 4(3) }. This can be done by publications of information of interest to the public through various mode such as newspapers, public announcements, media broadcasts, notice boards, the internet or any other means.

Information in Local language
The Act requires giving information to the citizens in the language they know. It provides that all materials shall be disseminated taking into consideration the cost effectiveness and should be in local language through the most effective method of communication in the local area { Section 4(4) }.

Evolution of Section 4 of The Act

1) Section 4 disclosure should be exhaustive and illustrative. If the principle of  maximum disclosure is properly followed, the need for seeking information under RTI would not arise. Put in public domain the maximum information.

2) Once the information is brought into the public domain it is excluded from the purview of the RTI Act and, the right to access this category of information shall be on the basis of whether the public authority discloses it free, or at such cost of the medium or the print cost as may be prescribed.

3) The public authorities are expected to disclose the directory of its officers and employees and their wage-and-emolument-related information. In view of this, denial of information u/s 8(1)(j) is untenable.

4) In order to ensure transparency, the entire information relating to the creation of posts and delegating powers, recruitment, selection of candidates and the conduct of departmental examination should be put in public domain.

5) With a motive to defeat corruption in black-marketing of subsidized products like LPG for domestic consumption, Ration distributed through Public distribution system , it is obligatory on the concerned authority to put the relevant details in the public domain so that a citizen can observe and scrutinize the activities of the distributors.

6)  It made obligatory to public authority to put entire process on tenders including reason for awarding tender, log books, expenditure incurred are placed in the public domain.

7) Determination of large public Interest ought to have warranted disclosure of information every Public Authority to take steps to provide as much as information suo-motu to the Public.

8) Case decided by the Hon'ble High Court which concern the general citizens be placed on websites.

The legislature enacted this Section so that it can not be scribbled, cabined and confined within the ambit of its words and gave it a wide, broad, vague and ambiguous shape so that it goes on evolving in the Common Interest of the Citizens of this Great Nation as and when required.

ANKUR SHARMA