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ARC for scrapping Official Secrets Act

The ARC advocated a slew of measures for "effective implementation" of Right to Information Act at all levels including judiciary and legislature.

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NEW DELHI: The second Administrative Reforms Commission on Friday recommended scrapping of the 83-year-old Official Secrets Act (OSA) saying it was incongruous with the regime of transparency in a democratic society.

It advocated a slew of measures for "effective implementation" of Right to Information Act at all levels including judiciary and legislature.

In its first report, submitted to Prime Minister Manmohan Singh by the Commission Chairman Veerapa Moily, it suggested that the Official Secrets Act of 1923 be repealed and suitable safeguards to protect the security of the state incorporated in the National Security Act (NSA).  

The report, which deals with the issues pertaining to "Right to Information -- Master key to good governance" opined that the Official Secrets Act in its current form was "incongruous" with the regime of transparency in a democratic society.

Emerging from a 40-minute meeting with the Prime Minister, at which Minister of State for Personnel Suresh Pachauri was also present, Moily said OSA had a shadow of colonial regime.

Some of the provisions of the OSA could be incorporated in NSA, he said.

About his report, he said "whatever recommendations we gave are practicable for implementation" and added the Prime Minister was happy and assured him of working out a roadmap for its implementation.

The report suggested revamping of the Information Commissions saying that at least half the members of such Commissions be drawn from non-civil service background so that they represent the rich variety in society

Observing that involvement of bureaucracy in the Commission would not serve the purpose, Moily said its composition should have at least 50 per cent from non-civil service.

The report suggested NGOs be also brought under the ambit of the Right to Information Act but said clear and unambiguous guidelines needed to be evolved to determine which NGOs would come under it.

 Opining that complete re-organisation of public records was a pre-condition for effective implementation of the Right to Information Act, the Reforms Commission also called for setting up a Public Records Office in each state as a repository of expertise to monitor, supervise, control and inspect all public records.

One per cent of the funds of all flagship programmes of the Centre should be earmarked for five years for updating all records and building necessary infrastructure, it said.

The report said the Information Commission should be "entrusted with the authority and responsibility of monitoring the implementation of the Right To Information Act in all public authorities."

It said that a roadmap should be charted out for effective implementation of RTI Act in the Legislature and Judiciary at all levels.

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