Relevance: GS-2: Transparency & Accountability and institutional and other measures.

Relevance: GS-3: Various Security Forces and Agencies and their Mandate.

Key Phrases: SP Gupta Case (1981), Open Government; Section 24, Schedule 2, Section 8 of RTI Act, 26 Organisations under schedule 2; Article 19 and Article 33 of the Indian Constitution;

Context

• Since the inception of the Right to Information Act (2005), the Armed Forces were reluctant to be included under the purview of the RTI Act.
  • Recently, in the cabinet meeting the armed forces renewed its bid for a blanket exemption from this Act.
• This has given birth to a debate i.e. national security vs the rights of citizens.

Key Highlights

What is RTI Act?

• Right to Information Act (2005) is landmark legislation to give statutory backing to Fundamental Right to information under Article 19 (1) (a) of the Indian Constitution.
• Only with legitimate RTI can anyone enjoy the right to freedom of speech and expression.

Legal Evolution of the RTI Act

• Supreme Court in SP Gupta Vs Union of India (1981) held that the concept of open government is the direct emanation from the right to know, which is implicit in Article 19(1) of the Indian Constitution.
• Many high courts and civil societies also pitched for the right to know for citizens.
• Through these combined efforts, the RTI act 2005 came into existence.

Case of Army On Exemption From RTI:

• All four branches of the Armed force (Army, Navy, Airforce & Coast Guard) are under the complete purview of RTI like any other civil government agency.
  • Section 24 of the RTI Act exempts certain intelligence and security organisations from the ambit of this transparency law except for information "pertaining to allegations of corruption and human right violations".
• This list of exempted organisations is provided in schedule 2 of the Act.
  • It has 26 organisations including IB, RAW, DRI, CBI, NCB, DRDO, ED and CAPFs, among others.
  • This list can be amended by the Central Government & State Government by official notification in the gazette, but later, it has to be presented to the legislature.

Arguments for the demand for exemption from RTI

• Matters of National Security
  • Information collected in parts through RTI Act could provide significant insight to enemies on the external and internal front jeopardising national security.
  • RTI applications were filed simultaneously across various military bases/agencies and these were attempts for intelligence gathering about the operational set-up.
• Personal information is sought in the garb of RTI
  • Most of the RTI applications are filed by armed forces personnel seeking information for individual matters which are not of public interest.
  • The act has become a tool to air the grievances of individual personnel apart from the prescribed channel.
• The protection under Section 8(b) is of general nature and subject to the public interest.
  • The Armed forces are bound to give information related to national security if it is in the public interest.
  • The Armed forces consider this an affront to national security.
• To be treated at par with 26 intelligence agencies that are provided protection under Section 24 and enlisted under schedule 2 of the Act.
• The 2nd ARC (administrative reforms commission) recommended the inclusion of the armed forces in Schedule 2 for exemptions from RTI.
• Article 33 of the Indian Constitution has restricted the fundamental rights of the Armed Forces personnel.

Arguments against the demand for exemption from RTI

• Armed forces aren’t intelligence agencies
  • These forces are not designated as "intelligence agencies" in toto.
  • They don’t deal with internal matters of intelligence or are not involved with investigations.
• Section 8 of the act provides protection to preserve national interest
  • Sub-clause (a) says that there shall be no obligation to give the information if it affects the interests of the state.
  • Sub-clause (g) also provides a defence to armed forces as it empowers any government agency subject to RTI to disallow the information sought, on the ground that it may harm or endanger the life or physical safety of any person.
• For accountability and transparency
  • The defence budget (13.3%) is the highest amongst all the ministries.
  • Defence expenditure is 2.1% of GDP.
  • Depriving the citizen of seeking information on such defence deals is apparently against the very objective of the RTI Act.
  • More specifically, it will deny armed forces personnel from redressing their grievances.
• Armed forces are the 2nd largest Government workforce after railways
  • Any public agency must be held accountable to provide protection of Fundamental rights under Part III of the Indian Constitution.
  • Exemptions are tantamount to infringement of such fundamental rights that include the right to know also.
• RTI act resolves issues of army personnel
  • Denial of such a tool to veterans and serving members of the armed forces might result in an increased load on the already overburdened judicial system.

Is Argument Of Army Sustainable?

• Only 1.8% of RTI applications (2017 to 2020) inquired about operational aspects and were outrightly rejected.
• The Army has a well-developed, robust and prescribed system in place to detect such RTI applications with vested interest and treat them accordingly.
• It also has suitable provisions under Section 8 of the act to resolve illicit motives.

Conclusion

• Our army is constituted under the mandate of constitutional provisions and therefore, transparency in form and substance is its hallmark.
• It has all the rights to secure the interest of the nation.
• But in the name of national security, the public interest and violation of the fundamental rights of citizens cannot be sacrificed.
• The citizens and members of the armed forces cannot be denied their due rights which they are provided after a long struggle by different stakeholders.

Source: Live-Law

Mains Question:

Q. Critically examine the demand for exemption from the Right to Information Act by the Armed forces.