Right to Information – is it only for low level functionaries?

The Right to Information Act was passed in 2005 with the express intent of bringing in transparency in the functioning of public authorities. “Information” as defined therein means “any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any law for the time being in force”. The definition of “public authority” as given therein means “any authority or body or institution of self- government established or constituted— (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any—(i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government”.

It has been reported today that the PMO won’t reveal ministers’ assets after initially agreeing to part with the information when in May 2008 it had made all the details available to the cabinet secretariat to deal with all such RTI applications. In an application made by applicant Subhash Chandra Agrawal, the PMO has claimed exemption under clauses 8(1)(e) and 8(1)(j) which pertain to immunity granted to “documents of fiduciary relationship” and “cabinet documents”. I have great regard for the integrity and honesty of our Prime Minister, under whose regime transparency has got a boost. The RTI Act itself has been passed after Manmohan Singh became the Prime Minister.

There is absolutely no reason why Ministers or for that matter any bureaucrat holding public office should be afraid of providing details of their assets. If the PMO denies this information under the guise of unsustainable exemptions under the Act, they are just proving to the public that they consider Ministers above the law. It is the Ministers who should be showing the way by being completely transparent as to their assets and with respect to their dealings when in public office. But I guess that is expecting too much from our politicians! Most of their ilk milk the public ex-chequer by siphoning off funds for Government projects and invest the same in property, hence the applicants query under the RTI is fully justified.

If the PMO is afraid that the information if provided would be inimical to the interests of the Ministers, then they should say that frankly and give out a press release that all their Ministers have created more personal assets from the time they assumed public office which is disproportionate to their known sources of income. Very Simple. This statement would prove what the public already knows – that all our Ministers have a big hand in siphoning off public money!

A simple analysis of rural employment guarantee projects, flood relief and other disaster relief projects where funds are released based on established criteria should be carried out by the CAG – wherein it can very easily be established what is the percentage of money which actually reaches the people for whom it is meant. We have people siphoning of money left right and center, so how can you expect transparency from the PMO. The CAG has established mis-use of funds by people in public office on numerous occasions. Has this information ever been used to investigate and then prosecute the guilty? If you know of even a single instance do let me know! They all get away scot free. But Manmohan Singh is different – and I do not expect such kind of responses from his office. Maybe his absence due to his illness has made his office take advantage in disposing of the application without his knowledge. I just hope Mr. Manmohan Singh notices this and does the right thing, at least to protect his reputation!