Law Optional 2024 Paper II solved

An information shall ordinarily be provided in the form in which it is sought. Are there any exceptions to this rule ? Explain with suitable illustrations.

Verified Answer

The Right to Information Act, 2005 (RTI Act), is a pivotal legislation in India aimed at promoting transparency and accountability in the functioning of public authorities. One of its fundamental principles, enshrined in Section 7(9), addresses the format in which information is to be provided.

General Rule: Form of Information (Section 7(9) of the RTI Act): Section 7(9) of the RTI Act states: "An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question."

This provision establishes a general rule: if an applicant requests information in a specific format (e.g., hard copy, soft copy, CD, specific digital file format, or physical inspection), the public authority should, as a matter of course, provide it in that requested format. This ensures convenience for the applicant and aligns with the spirit of the Act, which is to facilitate access to information.

Exceptions to the Rule: The rule, however, is not absolute and provides for two primary exceptions, balancing the applicant's right to information with the practical constraints and responsibilities of public authorities:

  1. Disproportionate Diversion of Resources:

    • Explanation: A public authority can refuse to provide information in the requested format if doing so would require an unreasonable or excessive amount of its resources (time, manpower, financial cost). This exception prevents applicants from making requests that would unduly burden the public authority, forcing it to undertake tasks that are not part of its ordinary functions or are excessively resource-intensive.
    • Illustration: An applicant requests a compilation of specific data points from thousands of physical files, asking for it to be presented in a newly created digital spreadsheet format. If the public authority only maintains these records in physical form and creating a new digital compilation would require significant manual effort, data entry, and time, it can refuse this specific format. Instead, the authority might offer access to the physical files for inspection or provide photocopies of the relevant physical documents, which are readily available. However, if the data already exists in a digital format, converting it to another common digital format (e.g., PDF to Word, or vice-versa if technically feasible without disproportionate effort) should generally be done.
  2. Detrimental to the Safety or Preservation of the Record:

    • Explanation: If providing the information in the requested format would endanger the original record or make its preservation difficult, the public authority can refuse. This exception protects valuable, fragile, or sensitive documents from damage or loss during the process of fulfilling an RTI request.
    • Illustration: An applicant requests to physically inspect very old, fragile, or historically significant documents that could be damaged by repeated handling. The public authority might instead offer certified copies, high-resolution digital scans, or photographs of the documents to ensure the preservation of the original records. Similarly, if providing a digital copy requires scanning a very large volume of old, brittle documents, and the scanning process itself could damage them, the authority might offer physical inspection or copies of specific pages that can be safely reproduced.

Other Implicit Considerations/Limitations:

  • Information 'as it exists': The RTI Act generally mandates providing information 'as it exists.' Public authorities are not required to create new information, interpret data, provide opinions, or offer advice in response to an RTI request. If the requested format implicitly requires the creation of new information or analysis, it might fall outside the scope of the Act.
  • Availability of Format: If the public authority does not possess the information in the requested format, and converting it would constitute a disproportionate effort, it can refuse. For example, if information is only available in physical files, and the applicant requests it on a CD, the authority might provide physical copies instead if digitizing everything is too burdensome.

Conclusion: Section 7(9) of the RTI Act is designed to make information accessible in a user-friendly manner. However, the exceptions are crucial for ensuring that the right to information does not impose an unreasonable or destructive burden on public authorities. These exceptions allow for a pragmatic approach, balancing the citizen's right to know with the practicalities of governance and the imperative to preserve public records.