The CPI(M)-led lDF Government in Kerala has decided that information on the decisions taken at Cabinet meetings cannot be disclosed under the Right to Information Act. The Government is likely to approach the High Court against an order issued by State’s Chief Information Commissioner Vinson M Paul that information on Cabinet decisions should be made available on RTI applications and upload the same on the Government’s website.
The Government, however, is said to be in a fix over technical and practical difficulties in disclosing Cabinet decisions and posting them on the website. According to the Government, it was not yet clear whether all decisions being taken by the Cabinet would come under the purview of the RTI Act. It also holds that a decision adopted at a Cabinet meeting need not become final until it went through concerned departments and came out as an order.
The lDF Government’s decision not to disclose Cabinet decisions has come in response to the June 15 order of the Commissioner to issue details of the decisions taken by the former Congress-led UDF Cabinet between January 1 and April 12 to those who had applied for the same under the RTI Act. The order had come on an application submitted by RTI activist DB Binu. The Chief Secretary has reportedly informed the CIC of the Government’s decision.
Till recently, the CPI(M) and the left as a whole had criticised the Congress in the name of several decisions taken by the former UDF Cabinet in the last months of its tenure by bringing out-of-agenda items to the Cabinet’s meetings. Many of these decisions had triggered controversies and had thus become subjects of hot discussion in the campaign for the May 16 Assembly election, helping the left in a big way.
Complaints had come up recently that details of Cabinet decisions were not being disclosed under the RTI Act by the Government since Pinarayi Vijayan of the CPI(M) assumed office as Chief Minister. Pinarayi had also said that he did not think it necessary that the Chief Minister should brief the Press on decisions of the Cabinet after its meetings.
At the same time, the issue seemed to be leading to a confrontation between the Government and the Chief Information Commissioner with the latter sticking to his stand that details of Cabinet decisions should be made available in response to applications under the RTI Act. Vinson M Pal said he would take action if complaints were received in this regard.
According to the CIC, the Government is legally responsible for giving replies to queries regarding Cabinet decisions. As per the law, such information should be published through the Government’s website and Gazette also, he said.