Lokpal and Important Commissions Archives

1. The disclosure of information may be made keeping in mind the provisio

The disclosure of information may be made keeping in mind the provisions of which of the following Sections of the RTI Act, 2005?

Sections 5 to 7

Sections 8 to 11

Sections 12 to 15

Sections 16 to 19

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UPSC SO-Steno – 2018

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The correct answer is B. Sections 8 to 11 of the RTI Act, 2005, deal with the grounds for exemption from disclosure, partial access, and third-party information, which are crucial provisions to keep in mind when deciding whether information can be disclosed.

– Section 8 lists various categories of information that are exempted from disclosure (e.g., affecting sovereignty, security, commercial confidence, personal information, etc.).
– Section 9 provides another ground for rejection if the request involves infringement of copyright.
– Section 10 allows for partial disclosure (severability) where part of the information is exempt but the non-exempt part can be reasonably severed.
– Section 11 deals with the procedure for handling requests involving information that relates to or has been supplied by a third party, requiring consultation with the third party in certain cases before disclosure.

While Sections 5-7 deal with the mechanics of making and processing a request, Sections 8-11 are the critical sections that determine *what* information can be disclosed and under what conditions, by outlining the circumstances under which disclosure can be refused or modified. Therefore, compliance with Sections 8 to 11 is essential for lawful disclosure under the Act.

2. CAG paras dealing with information about the issues of sovereignty and

CAG paras dealing with information about the issues of sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State and information covered under which one of the following Sections of the RTI Act, 2005 is exempted from disclosure?

Section 2

Section 4

Section 6

Section 8

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UPSC SO-Steno – 2018

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The correct answer is D. Section 8 of the Right to Information Act, 2005, lists the exemptions from disclosure, including information that would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, etc.

– Section 8(1) of the RTI Act provides a list of grounds upon which a public authority may refuse to disclose information.
– Section 8(1)(a) exempts information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement to an offence.
– The question mentions CAG paras dealing with such sensitive information. Information contained in CAG reports is generally accessible under RTI, but specific paras dealing with matters covered under exemption clauses like Section 8(1)(a) are exempted from disclosure.

Section 8(1) contains several other clauses listing various exemptions, such as information forbidden to be published by any court of law, information which would cause a breach of privilege of Parliament or the State Legislature, information relating to commercial confidence, trade secrets or intellectual property, information available to a person in his fiduciary relationship, information received in confidence from a foreign Government, information which would endanger the life or physical safety of any person, information which would impede the process of investigation or prosecution of offenders, Cabinet papers, personal information which has no relationship to any public activity or interest, etc. These exemptions are subject to the public interest override clause in Section 8(2).

3. Which one of the following Sections of RTI Act, 2005 lays down the inf

Which one of the following Sections of RTI Act, 2005 lays down the information which should be disclosed by public authorities on a suo motu or proactive basis?

Section 2(1)(a)

Section 3(1)(c)

Section 4(1)(b)

Section 5(1)(d)

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UPSC SO-Steno – 2018

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The correct answer is C. Section 4(1)(b) of the Right to Information Act, 2005, explicitly lays down the list of information categories that every public authority shall publish suo motu or proactively.

– Section 4 of the RTI Act outlines the obligations of public authorities, including the requirement for proactive disclosure of information.
– Sub-section (1) of Section 4 lists the types of information to be disclosed proactively.
– Clause (b) of Section 4(1) provides a detailed list of 17 categories of information that every public authority *must* publish within 120 days of the enactment of the Act. This includes details about its organization, functions, powers, duties, decision-making process, norms, rules, regulations, records held, categories of documents, constitution of its boards/councils/committees, directory of officers/employees, monthly remuneration, budget, subsidies, recipients of concessions, particulars of facilities for obtaining information, and the details of CPIOs/APIOs.

Proactive disclosure under Section 4 is considered the bedrock of the RTI regime, aiming to minimize the need for individual requests by making essential information freely available in the public domain. This includes publication through various means, including the internet.

4. In compliance with the provisions of which one of the following sectio

In compliance with the provisions of which one of the following sections of the RTI Act, 2005, is it advised that public authorities may proactively disclose the details of foreign and domestic official tours undertaken by minister(s) and officials of the rank of Joint Secretary to the Government of India and above and the heads of the Departments, since 1st January 2012?

Section 4

Section 5

Section 6

Section 7

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UPSC SO-Steno – 2018

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The correct answer is A. The proactive disclosure of details of official tours by ministers and senior officials is advised in compliance with the general obligation for transparency and public information under Section 4 of the RTI Act, 2005.

– Section 4 of the RTI Act mandates public authorities to proactively disclose a wide range of information, reducing the need for citizens to file specific requests.
– While Section 4(1)(b) lists specific categories for mandatory publication, the spirit of Section 4 encourages public authorities to publish more information voluntarily.
– The disclosure of tour details falls under the broader principles of transparency regarding the functioning of the public authority and the expenditure incurred, which is encouraged by Section 4. The specific advisory regarding tour details is an example of implementing the proactive disclosure requirement under this section.

Detailed guidelines from the Department of Personnel and Training (DoPT) have reinforced the proactive disclosure requirements under Section 4. Disclosure of tour details, expenditure, minutes of meetings, etc., are often included in these guidelines as examples of information that should be made available suo motu to enhance transparency and accountability. This practice is rooted in the foundational principle of proactive disclosure outlined in Section 4.

5. Which one of the following sections of RTI Act, 2005, gives power to t

Which one of the following sections of RTI Act, 2005, gives power to the Central Information Commission to require the concerned public authority to compensate the complainant for any loss or other detriment suffered?

Section 17(1)(a)

Section 19(8)(b)

Section 22(4)(a)

Section 24(3)(b)

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UPSC SO-Steno – 2018

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The correct answer is B. Section 19(8)(b) of the Right to Information Act, 2005, empowers the Central Information Commission or the State Information Commission to require the concerned public authority to compensate the complainant for any loss or detriment suffered.

– Section 19 of the RTI Act deals with appeals to the Information Commissions (CIC/SIC).
– Sub-section (8) lists the powers and functions of the Central Information Commission or State Information Commission while deciding an appeal.
– Clause (b) of Section 19(8) provides the Commission with the power to “require the public authority to compensate the complainant for any loss or other detriment suffered”.

Other powers listed in Section 19(8) include requiring the public authority to take steps for compliance with the Act, providing access to information, appointing a CPIO, publishing information, receiving a report on steps taken, and imposing penalties under Section 20. The power to award compensation is a means to address grievances where denial of information or delay has caused harm or loss to the applicant.

6. It is obligatory for all the public authorities under which one of the

It is obligatory for all the public authorities under which one of the following Sections of the RTI Act, 2005 to publish all relevant facts while formulating important policies and announcing decisions affecting the public ?

Section 4(1)(c)

Section 5(2)(a)

Section 6(3)(d)

Section 7(4)(b)

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UPSC SO-Steno – 2018

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The correct answer is A. Section 4(1)(c) of the Right to Information Act, 2005, mandates public authorities to publish all relevant facts when formulating important policies and announcing decisions affecting the public.

– Section 4 of the RTI Act deals with the obligations of public authorities, focusing on proactive disclosure of information.
– Sub-section (1) lists various types of information that public authorities are required to publish.
– Clause (c) of Section 4(1) specifically requires every public authority to “publish all relevant facts while formulating important policies or announcing the decisions which affect the public”.

This provision is intended to bring transparency to the policy-making and decision-making processes that impact citizens. By making relevant facts public at these stages, the Act aims to ensure accountability and allow for informed public participation or understanding of the reasons behind government actions. This is a key part of the *suo motu* disclosure requirement under Section 4.

7. Which one of the following sections of RTI Act, 2005, provides that th

Which one of the following sections of RTI Act, 2005, provides that the first appellate authority should dispose off the appeal within thirty days of the receipt of the appeal ?

Section 17(a)

Section 19(6)

Section 22(4)

Section 24(3)

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UPSC SO-Steno – 2018

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The correct answer is B. Section 19(6) of the Right to Information Act, 2005, specifies the time limit within which a first appeal should be disposed of by the First Appellate Authority (FAA).

– Section 19 of the RTI Act deals with appeals. Sub-section (1) allows a person aggrieved by the decision of the CPIO/SPIO or who has not received a decision within the specified time to prefer an appeal to the officer senior in rank to the CPIO/SPIO (the First Appellate Authority).
– Sub-section (6) of Section 19 states, “An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or in exceptional cases within forty-five days of the receipt of the appeal, as the case may be, after recording in writing the reasons for such delay.”

Sub-section (2) of Section 19 deals with appeals by third parties. The time limit mentioned in Section 19(6) applies to both types of first appeals. If the FAA fails to dispose of the appeal within this period, the appellant can file a second appeal with the Central Information Commission or the State Information Commission, as the case may be, under Section 19(3).

8. Consider the following statements regarding the standard format for pr

Consider the following statements regarding the standard format for providing information :

1. RTI application number, date and date of its receipt in the public authority.
2. The name, designation, official telephone number and email ID of the CPIO.

Which of the above statements is/are correct ?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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UPSC SO-Steno – 2018

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The correct answer is C, as both statements are considered standard and essential elements for providing information under the RTI Act, facilitating clarity, tracking, and communication.

– Statement 1: Including the RTI application number, date, and receipt date is crucial for tracking the application and the response provided by the public authority.
– Statement 2: Providing the contact details of the CPIO (Central Public Information Officer) or SPIO (State Public Information Officer) is necessary for the applicant to know whom to contact for follow-up or clarification, and for record-keeping purposes related to the designated officer handling the request.

While the RTI Act itself lays down the framework for accessing information, specific rules, guidelines, and standard practices developed by the government (like those from the Department of Personnel and Training – DoPT) provide the practical formats and procedures for handling RTI applications and responses. These standard formats typically include all the details mentioned in statements 1 and 2 to ensure transparency and effective management of RTI requests.

9. Which one of the following sections of RTI Act, 2005 casts a responsib

Which one of the following sections of RTI Act, 2005 casts a responsibility on the Government of States to develop and organize educational programmes to advance the understanding of the public about exercise of their right to information ?

Section 26(1)(a)

Section 28(1)(c)

Section 30(1)(a)

Section 32(1)(c)

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UPSC SO-Steno – 2018

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The correct answer is A. Section 26(1)(a) of the Right to Information Act, 2005, specifically places the responsibility on the appropriate Government to develop and organize educational programmes for the public about the exercise of their right to information.

– Section 26 of the RTI Act deals with the responsibilities of the ‘appropriate Government’ (Central or State) regarding the implementation and promotion of the Act.
– Sub-section (1)(a) of Section 26 mandates the appropriate Government to “develop and organise educational programmes to advance the understanding of the public, particularly disadvantaged communities to exercise the right to information”.

Section 26 outlines several steps to be taken by the government to promote the Act, including publishing relevant information, training CPIOs, bringing out guides, and undertaking similar activities besides organizing educational programmes. This section is vital for ensuring that the right to information is not just a legal provision but is also understood and effectively utilized by the citizens.

10. According to which one of the following sections of RTI Act, 2005, any

According to which one of the following sections of RTI Act, 2005, any complaint made against an officer of the Government and any possible action the authorities might have taken on the complaint, qualifies as personal information within the meaning of the section ?

Section 6(2)(a)

Section 8(1)(j)

Section 9(1)(d)

Section 10(2)(f)

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UPSC SO-Steno – 2018

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The correct answer is B) Section 8(1)(j). Section 8(1) of the RTI Act lists the categories of information that are exempt from disclosure.

Section 8(1)(j) exempts from disclosure “information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual”. It includes a proviso allowing disclosure if the larger public interest justifies it. Information regarding complaints against an officer and action taken is assessed under this section to determine if it constitutes ‘personal information’ and whether its disclosure serves a larger public interest or would be an unwarranted invasion of privacy.

While the classification of such information depends on specific facts and interpretation, Section 8(1)(j) is the provision under which the test of “personal information” versus “public activity or interest” and “unwarranted invasion of privacy” is applied in such cases. Section 6 deals with requests, Section 9 deals with rejection of requests based on copyright, and Section 10 deals with severability.