One nation, Two rules

You must have heard the terms one nation-one card, One nation-one grid, One Nation-One ration card. PM Modi even pitched for the one nation-one election. Here I am going to tell the story of the one nation-two rules.

I sought the copy of the appointment letters of some IAS officers. Department of Personnel & Training ( DoPT) denied the information. I have to file a case in the Central information sou commission ( CIC). CIC also supports the stand taken by the DoPT and denies the information. CIC cited many supreme court judgments and said -

CIC noted that -

Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive…”

Article 14 of the our constitution says -

Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Based on the CIC decision and the article 14 of constitution, we can conclude that the name and address of each and every citizen is personal information and Such personal information is entitled to protection from unwarranted invasion of privacy. But this is not true. In our republic of India, there are different rules for the different classes of the people. "Appointment letter" of the IAS is the subject of privacy but the "Job card" of MGNREGA workers have no privacy. On the name of the transparency, government put the details of the all MNGREGA card with the photo on the website

As these details are not enough, the government also put the details of the MGNREGA workers about the number of days they work, date of work etc. Is it not the invasion of the privacy of the MGNREGA worker ?

MGNREGA is not the only place where the government doesn't honor the privacy of the citizen. On the portal of the National food security act, the Government has put all details like number of family members, LPG connection details etc of the family on the website.

Government also let all citizens know the details like how much citizen intake from the FPS stall. Here are the details of one family from Ahmedabad. ( Government does not concern the privacy but I do so I do not put the name of the family)

Now let me back to the CIC decision on the Appointment letter of the IAS. CIC as the institution supposed to take decision without any personal bias. But let me show that how the decision of the CIC vary with the person who sit on the chair.

CIC in its early decision regarding the appointment letter of the goverment official notes-

CIC/SM/A/2012/001648 dated 25th April 2013, CIC has noted that

Section 4(1)(b) of the Right to Information (RTI) The act itself mandates the public authority to disclose a whole variety of such personal information about the employees. The CIC has been consistent of the opinion that the essential documents which show that any particular employee is eligible for appointment must be disclosed in the public domain with a view to promoting transparency in public appointments.

In the decision of the CIC/POSTS/A/2017/179393 dated 2nd May 2018, CIC has ordered the Public Authority to provide the appointment the letter, promotion orders, seniority list, the service book of Postal Assistant.

In the case of the CIC/BS/A/2012/000874/2633, CIC noted that the information regarding date of appointment, posting(s) of the officer, and monthly remuneration is not related to the third party and ordered the CPIO to provide the same.

So, There is not just one nation- two rules but there is also one institution- two interpretation.

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