Declassification of Files

• Depending on the level of confidentiality, the government classifies information as (i) Top Secret, (ii) Secret, (iii) Confidential, and (iv) Restricted.
• This is done as per the “Manual of departmental security instructions” issued by the Home Ministry.
• Now, the task of classifying documents is vital in national interest (as it may affect the integrity and foreign relations). Therefore, the proper care is taken.

2nd ARC Recommendations:

Only a security classification can be applied to information that qualifies for the RTI Act’s exemption. Under the current instructions, information that has been classified remains classified indefinitely. Even war secrets are released into the public domain in other nations after a set amount of time, usually 30 years. The 2nd ARC has suggested that information classified as “top secret” and “secret” be kept classified for no more than 30 years. Documents marked as ‘confidential’ or ‘restricted’ should be kept secret for no more than ten years. They can, however, stay classified if their publication would jeopardise the national interest, but the competent authorities must provide written justifications. Only personnel with enough authority should be able to classify documents.

Recent Judgements related to RTI:

• The Office of the Chief Justice of India (CJI) is a ‘public authority’ under Section 2(h) of the RTI Act, according to a fivejudge Constitution Bench’s decision in the Supreme Court of India vs Subhash Chandra Agarwal case.
• In the case of D.A.V. College Trust and Management Society vs. Director of Public Instructions, the Supreme Court ruled that NGOs that receive government grants are subject to the RTI Act.
• The Court held that the Trusts and NGOs “substantially funded” by the government will be considered “public authorities” under the RTI Act. NGOs are currently governed by laws such as the Foreign Contribution Regulation Act (FCRA) and the Federal Emergency Management Act (FEMA) (Foreign Exchange Management Act).
• This judgement required NGOs to keep  data in accordance with the RTI Act. Furthermore, every citizen will be able to obtain information from them.

Can the BCCI be called the Public Authority?

• The Central Information Commission has confirmed that entities such as the Board of Control for Cricket in India (BCCI) are covered by the RTI Act and that citizens of India have the right to access their information.
• The Commission studied the orders of the Supreme Court, the report of the Law Commission of India, and a report submitted by the Central Public Information Officer in the Ministry of Youth Affairs and Sports.
• The Commission then proposed that the BCCI meets all of the requirements to fall under the RTI Act’s purview, as defined by Section 2(h) of the Act, which lays out the criteria by which an organisation can be considered a public authority under the RTI Act.