Strategic Forces Command exempted from ambit of RTI Act, 2005

• The Strategic Forces Command, which forms part of the National Command Authority (NCA), has been added to the Second Schedule of the Right to Information Act (RTI), 2005, which exempts security and intelligence establishments from its purview.
• According to government notification Strategy Forces Command was being brought under sub-section (2) of Section 24 of the RTI.
• Section 24 says the Act is not applicable to the intelligence and security organisations specified in the Second Schedule. The only exception is for information on allegations of corruption and human rights violations.
• Among the organisations included in the Second Schedule are the Intelligence Bureau, the Research and Analysis Wing of the Cabinet Secretariat, the Directorate of Revenue Intelligence, the Special Frontier Force, the Border Security Force, the National Security Guards and the Assam Rifles.
• Section 8, which deals with exemption from disclosure of information says that there shall be no obligation to provide any citizen information, disclosure of which will affect India’s sovereignty and integrity, the security, strategic, scientific or economic interests of the state and relations with foreign States or will lead to incitement of an offence.
• The responsibility of the Strategic Forces Command is to operationalize the directives of the Nuclear Command Authority (NCA), which is under Prime Minister’s control.

About Nuclear Command Authority (NCA)

• The Nuclear Command Authority (NCA) of India is the nodal agency for all command, control and operational decisions regarding India’s nuclear weapon stockpile.
• On January 4, 2003, the Cabinet Committee on Security (CCS) constituted the Political Council and the Executive Council of the NCA. The Executive Council, chaired by National Security Advisor (NSA) gives the inputs to the Political Council, which authorises a nuclear attack when deemed necessary. The Political Council is chaired by the Prime Minister, and advised by the Executive Council, chaired by the NSA. This mechanism was implemented to ensure that Indian nukes remain firmly in civilian control and that there exists a sophisticated Command and Control (C2) mechanism to prevent their accidental or unauthorised use.
• The directives of the NCA are to be operationalized by the Strategic Forces Command under the control of a Commander-in-Chief of the rank of Air Marshal (or its equivalent) in charge of the management and administration of the tactical and strategic nuclear forces.

Features of RTI Act

• Every citizen has right to claim information from public authorities.
• Public authorities have an obligation to provide the sought information to the applicants. However this is subject to certain restrictions primarily relating to national security, personal information and third party information.
• Public authorities have to provide information as early as possible as but not later than 30 days (not later than 48 hours in the matters pertaining to life and liberty of an individual).
• In case of delay, the Central Information Commission or the State Information Commission can impose a penalty of Rs.250/- per day subject to a maximum of Rs.25,000/-. The Commission can also recommend disciplinary proceedings against the officials guilty of the not providing information with malafide intention.
• Fee has been prescribed for seeking information. However, persons below poverty line have been exempted from payment of fees.
• All the Government departments along with a number of bodies which receive substantial funding from the Government have been brought under the RTI.
• Information related to a third party i.e. other than person seeking information and public authority can also be provided but this depends upon the view of the Public Information Officer. Third party has a right to represent or object to the disclosure of information.
• In case of denial or not providing proper information an appellate structure has also been provided. First appeal lies with the First Appellate Authority nominated by the Department while the second appeal lies with the Central Information Commission/State Information Commission.
• Jurisdiction of local courts has been barred under the Act i.e. appeal against decisions of CIC can only be filed in the High Court.

By: Vishal