The President has
given his assent to the Freedom of Information Bill, 2002 and
the Representation of the People (Second Amendment) Bill, 2002.
With this, these two Bills, passed during the Winter Session of
Parliament ending December 20, 2002, have been notified in the
Gazette of India as Act Nos.5 and 6 respectively of the year 2003.
The Freedom of Information
Act, 2003, seeks to provide for freedom to every citizen to secure
information under the control of public authorities (Government
– both Central and States). It seeks to make Government open,
transparent, responsive and accountable to the people. Besides,
it envisages appointment of Public Information Officer (PIO) in
every Ministry and Department of the Government to attend to demand
of the people for official information against nominal service
charge for certified photocopies of documents. There will, however,
be exemption from disclosure of information in eight areas of
country’s defence, securities, intelligence agencies related information,
Cabinet papers, minutes of advice including legal ones relating
to decision making, trade or commercial secrets, information likely
to breach privileges of Parliament and State Legislature etc.
Officials will also be made accountable for non-compliance and
for this purpose, relevant provisions of the Central Civil Services
(Conduct) Rules and the All India Services (Conduct) Rules will
be amended. The Act, which seeks to confer on the people the right
to information to make democracy and the rule of law work effectively
through a mechanism of accountability, will come into force from
a date to be notified by the Government in the Ministry of Personnel,
Training, Public Grievances and Pension.
The Representation
of the People (Second Amendment) Act 2003, seeks to amend Section
8 of the Representation of the People Act 1951, to include period
of conviction plus period of disqualification for six years, fine
plus six years of disqualification, conviction under the Prevention
of Corruption Act, 1988, the Commission of Sati (Prevention) Act,
1987 and for offences under the Prevention of Terrorism Act, 2002
in order to wean electoral policies from criminalisation. Here
after, no one from behind the bar or prison will contest elections
to the Parliament or the State Legislatures. This amendment has
come into force with immediate effect.
