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Public authorities mandated to publish Rules, Regulations online under Right to Information Act The Court held that public authorities must proactively publish Rules, Regulations, etc., as per the Right to Information Act, 2005. It directed the State ...
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Public authorities mandated to publish Rules, Regulations online under Right to Information Act
The Court held that public authorities must proactively publish Rules, Regulations, etc., as per the Right to Information Act, 2005. It directed the State Government to ensure all Rules are uploaded online within four months, including amendments, and made available for sale. The Chief Secretary was tasked to oversee compliance and submit a report to the High Court Registrar General.
Issues: Failure to make Rules available in public domain as per Right to Information Act, 2005.
Analysis: The petition was treated as a suo motu petition in public interest after the Single Bench of the Court highlighted the unavailability of Rajasthan Evaluation Service Rules, 1979 in the library. The Rules were neither available in the open market nor on the concerned department's website. Similar unavailability was noted for other statutory Rules as well. The State of Rajasthan submitted that various Rules were available on department websites, with a list of 30 such Rules provided. Amendments made after 1999 were also uploaded. The Advocate General assured efforts to make Rules available online and for sale after publication in the official gazette.
The Court observed that as per Section 4(1)(b) of the Right to Information Act, 2005, public authorities must publish Rules, Regulations, etc., held or used by them. It is mandatory for public authorities to provide information proactively to the public through various means, including the internet. The Court emphasized that information should be disseminated widely and in easily accessible forms. The State Government and other public authorities were directed to disseminate information through various means, including the internet.
The Court noted that not all Rules framed by the State of Rajasthan under Article 309 of the Constitution had been uploaded online. Failure to make these rules, regulations, and instructions available to the public would defeat the purpose of the Right to Information Act, which aims to bring transparency in government functioning. The Chief Secretary of the Government of Rajasthan was directed to ensure that all Rules framed by the Governor of Rajasthan are uploaded on the state's website within four months. Any amendments should also be promptly incorporated. Rules from various departments and public authorities should be uploaded within the same period. Additionally, the Rules should be published in the government gazette and made available for sale at nominal rates at all district headquarters within four months.
The petition was disposed of with the above directions, and the Chief Secretary was required to submit a compliance report on affidavit before the Registrar General of the High Court.
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