NEW DELHI, June 21: ``Secret'', ``confidential'' and ``top secret'' are words that have often been invoked to deny public access to government information. Not for long.

A Freedom of Information Bill is on the anvil with the Centre keen to enact a law for an open, transparent and accountable government by the winter session of Parliament.

The draft Bill has been circulated to all ministries, which have been asked to send their comments to the Ministry of Personnel by June 30.

The draft has been prepared by a working group that was headed by H D Shourie of Common Cause and included among its members eminent Constitutional expert Soli Sorabjee and senior government officers from the ministries of Home, Law, Information and Broadcasting, Telecommunications and Personnel.

The group's report was submitted to the government last month.

The draft Bill proposes far-reaching changes in several laws like the Official Secrets Act (defining ``official secret'' to remove its omnibus character), Code of Criminal Procedure and Code of Civil Procedure and the Manual of Departmental Security Instructions, in the belief that transparency and openness in functioning have a cleansing effect on the operations of public agencies.

The draft Bill proposes that the parameters for classifying documents be altered.

``A major contributor to lack of transparency is the tendency to classify information even where such classification is clearly unjustified.

There is also the tendency to accord higher classification than is necessary,'' the report states.

It recommends that the level of authority for deciding classification should be raised to joint secretary level from deputy secretary.

It is also recommended that a time limit of 20 years be placed for classifying documents.

Only in exceptional cases where national security or national interest are involved should the time limit be extended with reasons given in writing for doing so.

At present there is no time limit prescribed.

It has been noted that the Manual of Departmental Security Instructions itself is currently classifed ``confidential'', leading to lack of uniformity and proper application of guidelines.

The draft proposes that the classification be downgraded to ``restricted'' and be made freely available to under secretaries and above.

Under the provisions of the draft Bill, every public authority would be required to appoint public information officers whose responsibility it would be to deal with requests for access to information.

Within 30 days of the receipt of a request, the information is to supplied. Refusals are also to communicated in writing in 30 days.

It is proposed that appeals against refusals would be handled under the Consumer Protection Act by the consumer courts and disposed of within 30 days.

A National Council for Freedom of Information would be established at the Central level and similar bodies at the state level.

The draft Bill specifies what shall not be open to the public:

* Information that would affect the sovereignty and integrity of India, security of the State, conduct of international relations.

* Information exchanged in confidence between the Central and state governments or any of their agencies.

* Cabinet papers and internal working/discussion papers.

* Information that would affect the enforcement of any law or lead to incitement or affect the operations of intelligence agencies.

* Information that would affect the government's ability to manage the economy or damage legitimate economic and commercial interests of a public authority.

The United Front's common minimum programme states its commitment to such a Bill.

The conference of chief ministers last month also had reached a broad consensus in favour of a law for freedom of government information to the public.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.