Right to Information Act

Right to Information Act

- - - - - - - - - -

• Right to Information (RTI) is an Act of the Parliament of India came into force on the 12^th October 2005
• Its objective is to provide for setting out the practical regime of the right to information for citizens to promote transparency and accountability in the working of every public authority.
• It replaces the erstwhile Freedom of information Act, 2002.

• Under the provisions of the Act, any citizen of India may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply
  • Expeditiously or within 30 days.
  • 48 Hours in case, the matter to which the information pertains, affects the life and liberty of an individual.
  • 35 days where the request is given to Asst. PIO
  • 40 days where the third party is involved and
  • 45 days for human rights violation information from listed security/ intelligence agencies.
• The Act also requires every public authority to computerize their records for wide dissemination.
• The first RTI application was filed at a police station in Pune by Shahid Raza Burney.
• The first RTI application in Delhi was filed to the office of President about article 370 in Jammu & Kashmir.
• Information disclosure in India is restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes.

Constitutional Acceptance

• Under section article 19 (1) (a), the Supreme Court of India has held that rights to freedom of speech and expression include the rights to information.
• According to this, the Right to Information is implicit in the right to freedom of speech.
• The apex court of India has ensured this right in the case of the state of Uttar Pradesh” Vs Raj Narain (1974) 4 SCC 428.

Rights available under RTI Act 2005

• Ask any questions from the Government or seek any information
• Take copies of any government documents

• Inspect any government documents.
• Inspect any Government works
• Take samples of materials of any Government work

SCOPE

• The whole of India except Jammu and Kashmir, where J&K Right to Information Act, 2009 is in force.
• All the constitutional authorities, including executive, legislature, and judiciary.

• Any institution or body established or constituted by an act of Parliament or a state legislature.
• Bodies or authorities "owned, controlled or substantially financed" by the government,
• Non-Government organizations "substantially financed, directly or indirectly by funds".
• Private bodies are not within the Act's ambit directly.
• In a decision of Sarbjit Roy vs Delhi Electricity Regulatory Commission, the Central Information Commission also reaffirmed that privatized public utility companies fall within the purview of RTI.
• As of 2014, private institutions and NGOs receiving over 95% of their infrastructure funds from the government come under the Act.

EXCEPTIONS

• A PIO can refuse information on 11 subjects that are listed in section 8 of the RTI Act.
• These include
  • Information received in confidence from foreign governments,
  • Information prejudicial to security, strategic, scientific or economic interests of the country,
  • Breach of the privilege of legislatures, etc.
• There is a list of 18 agencies given in the second schedule of the Act to which RTI Act does not apply.
• However, they also have to give information if it relates to matters pertaining to allegations of corruption or human rights violations.

Governing bodies

• Chief Information Commissioner (CIC)
• Central Public Information Officers or CPIOs – Heading over all the Central department and ministries.
• CICs are directly under the President of India.
• State Information Commissions
• State Public Information Officers or SPIOs – Heading over all the state department and ministries.
• The SPIO office is directly under the State Governor.

COMPOSITION

• The Central Information Commission shall consist of
  • The Chief Information Commissioner;
  • Central Information Commissioners, not exceeding ten, as may be deemed necessary.
• The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of—
  • The Prime Minister, who shall be the Chairperson of the committee;
  • The Leader of Opposition in the Lok Sabha;
  • A Union Cabinet Minister to be nominated by the Prime Minister.
• The Chief Information Commissioner shall hold office for a term of 5 years from the date on which he enters upon his office and shall not be eligible for reappointment.
• The salaries and allowances payable to and other terms and conditions of service of
  • The Chief Information Commissioner shall be the same as that of the Chief Election Commissioner.
  • An Information Commissioner shall be the same as that of an Election Commissioner.

• The State Information Commission shall consist of,
• The State Chief Information Commissioner,
• State Information Commissioners, not exceeding ten, as may be deemed necessary.
• The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of,
  • The Chief Minister, who shall be the Chairperson of the committee;
  • The Leader of Opposition in the Legislative Assembly;
  • Cabinet Minister to be nominated by the Chief Minister
• The salaries and allowances payable to and other terms and conditions of service of,
  • The State Chief Information Commissioner shall be the same as that of an Election Commissioner.
  • The State Information Commissioner shall be the same as that of the Chief Secretary to the State Government.

FEE

• For Central Government Departments, it is Rs 10.
• However, different states have prescribed different fee.
• People belonging to Below Poverty Line (BPL) family are exempted from paying Fees for RTI Application.
• For 2 getting information - Rs 2 per page of information provided for Central Government Departments. It is different for different states.
• Fee for inspection of documents,
  • No fee for the first hour of inspection - After that Rs. 5 for every subsequent hour (According to Central Rules).
  • The fee can be deposited with either in cash or through a DD or bankers’ cheque or postal order drawn in favor of that public authority

- - - - - - - - - -