Q12 · UPSC Civil Services Mains 2017 · GS IV · 20 marks · 5 min read

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Case study. You are a Public Information Officer (PIO) in a government department. You are aware that the RTI Act 2005 envisages transparency and accountability in administration. The act has functioned as a check on the supposedly arbitrarily administrative behaviour and actions. However, as a PIO you have observed that there are citizens who filed RTI applications not for themselves but on behalf of such stakeholders who purportedly want to have access to information to further their own interests. At the same time there are these RTI activists who routinely file RTI applications and attempt to extort money from the decision makers. This type of RTI activism has affected the functioning of the administration adversely and also possibly jeopardises the genuineness of the applications which are essentially aimed at getting justice. What measures would you suggest to separate genuine and non-genuine applications? Give merits and demerits of your suggestions.

Topic: Ethics Case Studies. Syllabus: Case Studies on above issues. Same official PYQ from year-wise 2017 and Ethics Case Studies.

Revision summary

RTI must serve justice-seekers and public audit; extortion and rival-firm fishing are abuses. A PIO cannot lawfully sort applicants by purity of heart. The workable split is suo motu disclosure, on-time replies, honest Section 8 and 11, and criminal process for proven money threats. A pre-screening of 'genuine' citizens will be captured and is contrary to the Act. Fear of inconvenience is not the same as extortion.

Model answer

Introduction

The Right to Information Act, 2005 was written for the citizen who cannot buy a file. It was not written as a second business model for a tout. The PIO's job is to protect both the Act and the office, without becoming a censor of inconvenient questions.

Body

Stakeholders

  • Genuine applicants seeking their own justice — a wage, a marksheet, a missing person.
  • Citizens and journalists using RTI as public audit.
  • Intermediaries who file for a hidden commercial rival or who threaten officers for money.
  • Decision-makers who may be victims of extortion or who may be hiding a genuine wrong.
  • The public authority, the Information Commission, and you as PIO.
  • Staff whose ordinary work is buried under copy-paste applications.

Ethical issues and values

  • Transparency and accountability versus privacy, commercial secrecy that the Act already exempts, and freedom from harassment.
  • Justice: a genuine application must not drown in a flood of motivated ones.
  • Integrity: do not use "non-genuine" as a label for an applicant who is only inconvenient.
  • Proportionality: extra filters can become a new bribe window at the PIO's door.
  • The Act already balances through Section 8 exemptions, not through a PIO's private morality test of the applicant's soul.

Options

  • Option 1: Ignore the problem and answer everything at the same slow speed.
  • Merit: no accusation of censorship.
  • Demerit: genuine files rot; extortion thrives on delay as much as on disclosure.
  • Option 2: PIO privately decides "motive" and rejects.
  • Merit: fast for the office.
  • Demerit: illegal. The Act does not require the applicant to prove a pure heart. This is how RTI dies.
  • Option 3: Use lawful process tools, suo motu disclosure, and criminal law for proven extortion, without a motive test at the counter.

Measures, with merits and demerits

  • Measure 1: Heavy suo motu disclosure under Section 4 — tenders, bills, beneficiary lists, circulars, RTI logs.
  • Merit: fewer applications; touts lose a monopoly on the photocopy.
  • Demerit: needs record-keeping that many offices still lack; must still protect Section 8 data.
  • Measure 2: Time-bound, quality replies to all valid requests, with a separate fast track for life-and-liberty as the Act already envisages.
  • Merit: genuine justice-seekers are not punished for others' sins.
  • Demerit: needs staff; without posts, a fast track becomes another sale.
  • Measure 3: Do not demand reasons for seeking information, because the Act does not. Train PIOs that "why do you want this" is usually unlawful.
  • Merit: protects the genuine poor applicant who cannot write an essay of public interest.
  • Demerit: will not by itself stop a tout — other tools must.
  • Measure 4: Where a pattern of identical applications is used to threaten an officer for cash, treat it as a crime: record, CCTV of the demand if any, and police / vigilance, not a silent payment.
  • Merit: attacks extortion, which is not RTI.
  • Demerit: a thin-skinned officer may file a false case against a real activist; independent scrutiny of that FIR is needed.
  • Measure 5: Use Section 7 and 8 honestly: transfer, exemption, and third-party procedure under Section 11 when commercial or personal data of others is sought.
  • Merit: lawful filter without a motive inquisition.
  • Demerit: over-use of Section 8 is itself a mala fide. Commissions exist to correct that.
  • Measure 6: One-time information and online dashboards so that a "routine filer" cannot resell the same photocopy every month.
  • Merit: kills the business model of resale.
  • Demerit: digital divide; keep a window for the offline poor.
  • Measure 7: Public authority should publish a monthly list of applications and replies (names can be masked where privacy requires) so that bulk, identical, or clearly commercial patterns are visible to the Commission, not only to a tired PIO.
  • Merit: sunlight on both the tout and the hiding department.
  • Demerit: activists may be targeted; mask where risk is real.
  • Measure 8: Training and counselling of officers so that fear of RTI does not become hatred of citizens. Extortion is rare relative to ordinary inconvenient truth.
  • Merit: culture.
  • Demerit: training without prosecution of real extortion is a sermon.
  • Measure 9: Do not invent a pre-screening committee of "genuine" applicants. That committee will be captured.
  • Merit of refusing this: legality.
  • There is no demerit in refusing an illegal filter.

What I would not do

  • I would not deny an application because the applicant is "not personally affected". Public interest applications are part of the Act's design.
  • I would not leak the applicant's name to the person who was asked about, for revenge.

Flow diagram

flowchart TD
  RTI[RTI application] --> S4[Section 4 disclosure]
  RTI --> REPLY[Timely reply]
  RTI --> S8[Lawful exemptions]
  EXT[Extortion] --> CRIM[Police and vigilance]
  MOTIVE[PIO motive test] --> KILL[Act dies]

Conclusion

Separate genuine from predatory use by publishing more, answering on time, applying Section 8 and 11 as written, and prosecuting extortion as a crime. Do not appoint the PIO as a priest of motives. That would kill the Act in the name of saving the office.

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    Case study. Edward Snowden, a computer expert, and former CIA administrator, released confidential Government documents to the press about the existence of Government surveillance programmes. According to many legal experts and the US Government, his action violated the Espionage act of 1971, which identified the leak of State secrets as an act of treason. Yet, despite the fact that he broke the law, Snowden argued that he had a moral obligation to act. He gave a justification for his "whistleblowing" by stating that he had a duty "to inform the public as to that which is done in their name and that which is done against them." According to Snowden, the Government's violation of privacy had to be exposed regardless of legality since more substantive issues of social action and public morality were involved here. Many agreed with Snowden. Few argued that he broke the law and compromised national security, for which he should be held accountable. Do you agree that Snowden's actions were ethically justified even if legally prohibited? Why or why not? Make an argument by weighing the competing values in this case. (250 words).

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