Section 4 is the most important Section in the Right to Information Act. As yet it is the least used by information seekers, the least enforced by Information Commissioners and the least complied to by government agencies. This presentation makes a case for making Section 4 work. Presentation at seminar on "Role of Civil Society in enhancing transparency".

1. 1st May 2014
Making Section 4 Work
Anupam Saraph

2. The Purpose of RTI
✤ “setting out the practical regime of right to information
for citizens to secure access to information under the
control of public authorities, in order to promote
transparency and accountability in the working of every
public authority”

3. Section 2: The Right to Information
✤ 2 (j) "right to information" means the right to information accessible under
this Act which is held by or under the control of any public authority and
includes the right to—
✤ 2 (j)(i) inspection of work, documents, records;
✤ 2 (j)(ii) taking notes, extracts or certified copies of documents or
records;
✤ 2 (j)(iii) taking certified samples of material;
✤ 2 (j)(iv) obtaining information in the form of diskettes, floppies, tapes,
video cassettes or in any other electronic mode or through printouts
where such information is stored in a computer or in any other device;

4. Section 6: Access as Privilege
✤ Requires application for Information from Public
Authority
✤ Such application implies information is not available
publicly
✤ Such application is a failure of Section 4 implementation
✤ An appeal further implies denial or absence of
information

5. Section 4: Access as a Right
✤ 4(2) Provide as much information suo motu so that the
public have minimum resort to the use of this Act to
obtain information
✤ 4(3) Disseminate information widely
✤ 4(4) Make information easily accessible

6. Section 4: Statutory Information
✤ 4(1)(a) Maintain catalogued and indexed records and ensure
computerized access across networks
✤ 4(1)(b) Publish within one hundred and twenty days from the
enactment of this Act
✤ 4(1)(c) Publish all relevant facts while formulating important
policies or announcing the decisions which affect public
✤ 4(1)(d) provide reasons for its administrative or quasi-judicial
decisions to affected persons

8. Duty of Information Commission
✤ Order information sought to be available under Section
4 wherever possible
✤ Seek compliance reports on Section 4
✤ Use 19(8)(a) require the public authority to take any
such steps as may be necessary to secure compliance
with the provisions of this Act

9. Making Section 4 Work
✤ Section 4 enables the Right, Section 6 enables only
Access
✤ Every Section 6 request should find its way as Section
4 declaration by the Public Authority
✤ Information Commissioners must ensure minimum use
of Section 6 is required by citizens to obtain
information