UP govt failed to notify RTI amendments: HC

Lethargy on behalf of the Uttar Pradesh government to notify amendments to RTI rules in its official gazette is taxing information seekers heavily. Despite the Allahabad High Court having revisited its rules for charging uniform fees from applicants under the Right to Information (RTI) Act, the state government of Uttar Pradesh had failed to notify the same, leading to applicants coughing up Rs 500 for information sought from the Allahabad high court instead of the proposed uniform fee of Rs 10.

The information came to light during a hearing on a petition filed with the Chief Information Commission (CIC) by RTI activist Subhash Chandra Agrawal, over a reply furnished to him by the Allahabad High Court denying information on grounds that the application was not valid since it did not comply with the rules framed by the High Court in which it was provided that for each item of information sought from the High Court, an amount of Rs 500 would have to be paid as application fee.

The high court CPIO informed the CIC during the hearing that the Allahabad high court had already revisited its rules in line with previous CIC observations requesting it to make the process more conducive for information seekers. However the amended rules have been pending with the UP government for notification in the gazette for over two months now. Although the High Court has been reminding the state government to publish the rules urgently, the state government has failed to do so yet.

Even the Department of Personnel and Training (DoPT) through its circular dated April 26, 2011, had advised all public authorities to have harmony in RTI fees of Rs 10. However, without a mandate to direct public-authorities in this regard due to liberty granted to them under sections 27 and 28 of RTI Act, the role of the DoPT has been diminished to that of a mere advisory.

Section 27(2) of Right to Information Act, 2005, specifies that the government, “without prejudice to the generality of the foregoing power”, may make rules for the fee payable under section 6(1) for obtaining the information under RTI Act by making a request in writing or through electronic means.

"Many public-authorities including states and High Courts are misusing sections 27 and 28 by having excessive RTI fees of even tune to rupees 500 per query instead of normal rupees ten for a complete RTI petition. At times RTI rules are framed which are in contradiction of RTI Act like was done in the year 2006 by Delhi High Court while framing its own RTI rules," Agrawal told TSI when contacted, adding that for ‘One India One Act’ ideal, sections 27 and 28 of RTI Act should be immediately repealed.