Can cabinet papers be accessed through RTI?

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Answer By law4u team

Yes, cabinet papers can be accessed through RTI, but only under specific conditions. Legal Provision: Section 8(1)(i) of the Right to Information Act, 2005 says: > "Information including Cabinet papers shall be exempted from disclosure until the decision has been taken, and the matter is complete or over." What This Means: Before decision is taken: Cabinet papers (agenda, discussions, internal deliberations) are exempt from disclosure. After decision is taken and matter is complete: Such documents can be accessed under RTI, including the reasons for decisions taken, records of discussions, and materials relied upon. Exceptions to Exemption: Even after a decision is taken, disclosure may still be denied if: It affects national security, sovereignty, or public order (Section 8(1)(a)) It relates to privileged communication or personal information (Section 8(1)(e), (j)) Disclosure of Opinions and Advice: Section 8(1)(i) Proviso allows disclosure of “the records of deliberations of the Council of Ministers, Secretaries, and other officers” after the decision is taken. Conclusion: Cabinet papers can be accessed through RTI after the decision is made and the matter is complete, unless other exemptions apply (e.g., national security). Before that, they are protected to ensure free and frank discussions in governance.

Answer By Ayantika Mondal

Dear Client, Not generally. The Right to Information Act of 2005s Section 8(1)(i) exempts from disclosure information pertaining to Cabinet papers including minutes of meetings of the Council of Ministers Secretaries and other officers. Nevertheless such information may be made public once a decision has been made and the issue is resolved. However while discussions during the policy-making process are protected once decisions are made they and the justifications for them are subject to RTI. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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