Current Affairs

Source: Delhi High Court

Why in News?

Recently, the Delhi High Court in the matter of Indian Institute of Foreign Trade v. Kamal Jit Chibber has held an authority cannot deny information under the Right to Information Act, 2005 (RTI Act) on the ground that the information sought is bulky.

What was the Background of Indian Institute of Foreign Trade v. Kamal Jit Chibber Case?

• In this case, the petitioner Indian Institute of Foreign Trade (IIFT) is an educational institute set up by the Government of India to promote and professionalize the international trade and business of the country.
• Respondent No.1 is a former employee of the Petitioner and Respondent No.2 is Central Information Commission (CIC)which is a Quasi-judicial body.
• Respondent No.1 filed an RTI application with the PIO, Indian Institute of Foreign Trade seeking certain information.
• The respondent was not provided a reply and he preferred an appeal in front of the First Appellate Authority on 3^rd September 2013.
• Unsatisfied with the response, the respondent approached the CIC claiming non-furnishing of information.
• Two orders were passed by the CIC on 25^th December 2015 and 25^th January 2016. In the first order, the Commission ordered IIFT to allow Respondent No. 1 to inspect the records.
• However, in the January 2016 order, the CIC directed the Institute to provide categorical information on all 27 points raised.
• The Institute argued that the information sought by the Respondent No. 1 is voluminous, disclosure of which was denied as it would have taken a lot of resources.
• Challenging the order of the CIC, the petitioner filed a petition before the Delhi High Court.
• Finding no reason to interfere with the order of the CIC, the High Court dismissed the petition.

What were the Court’s Observations?

• Justice Subramonium Prasad observed that an authority cannot deny information under the RTI Act on the ground that the information sought is bulky.
• It was further held that the information sought by the RTI Applicant herein does not fall in any of the exemptions contained in Section 8 of the RTI Act. If this Court accepts the contentions raised in the present Writ Petition, it will amount to adding one more exemption under Section 8 of the RTI Act.

What is the RTI Act?

RTI Act

About:

• It is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information.
• Under the provisions of RTI Act, any citizen of India may request information from a public authority which is required to reply expeditiously or within thirty days.
• The RTI Bill was passed by Parliament of India on 15 June 2005 and came into force with effect from 12^th October 2005.

Objectives:

• To empower the citizens.
• To promote transparency and accountability
• To deal with corruption.
• To enhance people’s participation in the democratic process.

Right to Information (Amendment) Act, 2019:

• It provided that the Chief Information Commissioner and an Information Commissioner (of Centre as well as States) shall hold office for such term as prescribed by the Central Government. Before this amendment, their term was fixed for 5 years.
• It provided that the salary, allowances and other service conditions of the Chief Information Commissioner and an Information Commissioner (of Centre as well as States) shall be such as prescribed by the Central Government.

Section 8 of the Act:

• This Act deals with the exemption from the disclosure of information.