An inter-ministerial group has proposed that the 1923 Official Secrets Act (OSA) be amended to not only bring it in conformity with the transparency regime ushered in by the Right to Information Act but also ensure that “prior sanction” is obtained from the Home Ministry before prosecution of an OSA accused.

These amendments are being finalised after consultations of an Inter Ministerial Group (IMG) set up by the Home Ministry which includes members from the Law Ministry, the Intelligence Bureau, Central Bureau of Investigation and Delhi Police.

The group is understood to have unanimously decided against repealing the OSA and instead making significant amendments, including to Section 5 of the Act which contains sweeping generalities on what may comprise an “official secret.”

The final amendments will soon be sent by the Home Ministry to the Law Ministry after which they will be routed for Cabinet approval. The thrust of the proposed amendments include:

• Sources said a majority of the recommendations of the H D Shourie Committee of 1997 on definitions to be included in Section 5 of the OSA will be included in the amendments. The Shourie Committee had criticized the section for its “catch-all” provisions and absence of a clear definition of official secrets.

• Recognising the sweeping changes brought about by the RTI Act, the amended OSA will categorize and classify information which is now available in the public arena as against confidential national secrets.

• From the earlier vague instruction of the Home Department giving an “authorization” for charge-sheeting an OSA accused (objected to by the Supreme Court), an amendment is proposed wherein “prior sanction” will be needed for which an “application of mind” and, thereby, a scrutiny of investigation will be required.

... contd.