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PROSE 4 - Introduction to the Right to Information Act, 2005


SUMMARY

Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of Information Act, 2002. Under the provisions of RTI 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 thirty days. In case of the matter involving a petitioner's life and liberty, the information has to be provided within 48 hours. The Act also requires every public authority to computerise their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally.[1]
This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005. Every day, over 4800 RTI applications are filed. In the first ten years of the commencement of the act over 17,500,000 applications had been filed.[2]
RTI is a legal right for every citizen of India. The authorities under the RTI Act 2005 are called quasi-judicial authorities. This act was enacted in order to consolidate the fundamental right in the Indian constitution 'freedom of speech'. Since RTI is implicit in the Right to Freedom of Speech and Expression under Article 19 of Indian Constitution, it is an implied fundamental right.
Information disclosure in India is restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes. Right to Information codifies a fundamental right of the citizens of India. RTI has proven to be very useful but is counteracted by the Whistle Blowers Protection Act, 2011.
The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed. The Act is a big step towards making the citizens informed about the activities of the Government.

National History :
          Although this right is not specifically mentioned in the Constitution of India, the supreme court has declared that it is implied in article 19 of the Constitution as it is a fundamental right, it comes under 'freedom of speech and expression' and that 'disclosure of information as regards the functioning of the government must be the rule and secrecy an exception'. This right was promoted as the free flow of information is important for democracy but the legislation of this law was a long struggle.
              The right to information campaign started in India with the Mazdoor Kisan Shakti Sanghatan (MKSS) movement in Rajasthan They demanded minimum wages in rural india to bring transparency in village accounts. Fake entries were made which increased corruption. The MKSS thus demanded to look at official information recorded in government files. The success of MKSS was an inspiration for the country which led to serious discussions regarding the right to information in India.

Coverage :
            The act is applicable all over India except Jammu and Kashmir. It's a small act but the coverage is wide. The act is applicable to Authority/body/ institution of self-government established / constituted under the Constitution / law made by Parliament / State legislature / Central govt. / State govt. Obligations of public Authority: Bodies owned/financed/controlled by State / Central govt and NGOS financed by State / Central govt are public authorities.
             The public authorities practice 'proactive disclosure' to minimise the queries. Proactive disclosure means publishing and providing maximum information without citizens demanding it. The public compulsory English /27 authorities have to broadcast the information in the public domain which can be accessible to citizens at all times. They are also required to designate as many Public Information Officers (PIOs) as required in their offices to deal with the citizen's request and should have updated records to give the required information.

Process and procedure :
           Any Indian citizen can request information from the public authority by submitting an application along with a prescribed fee to the concerned public information officer. If the citizen is below the poverty line, he is not required to pay the fees. There is no specific format for the application. The applicant is not required to give any reasons for requesting the information. The PIO must provide the required information in 30 days for normal request and within 48 hours in case of information regarding life and liberty. If the public information officer refuses to give information, an appropriate reason should be provided. The citizen, if not satisfied can file an appeal. Exemption from disclosure: Sections 8 and 9 of the Act list the categories of information which need not be disclosed by a public authority unless there is an overriding public interest in the disclosure. The Schedule Il of the act contains names of Intelligence and Security organizations which are exempted from the act.
                 They, however, have to give information in case of allegations of corruption or human rights violation. Appeals and complaints: Any citizen who has been refused information or is not satisfied which the received information can make the first appeal to the First Appellate authority who is a higher official than the Public information officer. The first appeal has to be made within 30 days or in 45 days (in abnormal situations). The First Appellate enquires into the appeal as far as possible. If the citizen is still not satisfied with the information from the First Appellate, there is a provision of a second appeal to Information Commission within 90 days. Any complaints regarding the wrong implementation or non-implementation of the RTI act by the public authorities can be made to the Information Commission.
               There are two types of Information commissions in India, State and Central Information Commissions to decide appeals and complaints against state and central public authorities respectively. The information Commission can impose a penalty of Rs. 250- 25000 per day in case of refusal or unreasonable delay in providing information, giving misleading information etc. Disciplinary actions against concerned PIO can also be taken after giving him a chance to be heard.

Video Lecture Links:
https://youtu.be/IyDfovqz1_g





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