A recent directive clarifies that the definition of ‘information’ under the Right to Information Act, 2005, does not encompass answers to ‘why’ questions. This means that public information authorities are not obligated to provide justifications or reasons for actions taken, as these fall outside the scope of what is considered ‘information’ under the Act. The ruling, stemming from a High Court of Bombay decision, emphasizes that such justifications are matters for adjudicating authorities. This clarification is to be brought to the attention of all relevant ministries, departments, commissions, and officials across the government.
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No.1/7/2009-IR
Government of India
Ministry of Personnel, Public Grievances \& Pensions
Department of Personnel \& Training
North Block, New Delhi
Dated: the $1^{\text {st }}$ June, 2009
OFFICE MEMORANDUM
Subject: Decision dated 3.4.2008 of the High Court of Bombay at Goa in Writ Petition No. 419 of 2007 in the case of Dr. Celsa Pinto Vs. Goa State Information Commission regarding information under the Right to Information Act, 2005.
The undersigned is directed to say that the High Court of Bombay at Goa in the above referred case has held on 3.4.2008 that the term ‘information’ as defined in the Right to Information Act does not include answers to the questions like ‘why’. The relevant part of the judgement is reproduced below:
“The definition of information cannot include within its fold answers to the question “why” which would be same thing as asking the reason for a justification for a particular thing. The public information authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justifications are matter within the domain of adjudicating authorities and cannot properly be classified as information.”
2. This may be brought to the notice of all concerned.
(K.G. Verma)
Director
Tel: 23092158
- All the Ministries / Departments of the Government of India
- Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/ President’s Secretariat/ Vice-President’s Secretariat/ Prime Minister’s Office/ Planning Commission/Election Commission.
- Central Information Commission/State Information Commissions.
- Staff Selection Commission, CGO Complex, New Delhi
- O/o the Comptroller\&Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.
- All officers/Desks/Sections, DOP\&T and Department of Pension \& Pensioners Welfare.