Democracy & Right to Information

• Democracy involves government by the people, either directly or through representatives.
• Information is vital for good governance in a democracy, promoting accountability in administration.
• Ready access to information is crucial for a democracy's operation, counteracting secrecy.
• The right to information empowers people and helps prevent corruption and abuse of power.
• The Right to Information Act was enacted in 2005 to ensure access to information, accountability, and transparency in governance.

United Nation Principle on the Freedom of Information

• The United Nations Principles aim to ensure freedom of information
• Including: maximum disclosure, obligation to publish, promotion of open government, limited exceptions, facilitated access processes, reasonable costs, open meetings, disclosure precedence, and whistleblower protection.

Universal Declaration of Human Rights, 1948

• The right to information is a human right under Article 19.
• Enshrines the freedom to hold opinions without interference and to seek, receive, and share information and ideas across any media and regardless of borders.

International Covenant on Civil and Political Rights, 1966

• Article 19 grants everyone the right to freedom of opinion and expression.
• Including the freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.

Constitution of India

• Article 19(1)(a) guarantees the rights to free speech and expression, implicitly including the right to access information.
• Knowledge and information are prerequisites for enjoying this right.
• Article 19(2) allows the state to impose reasonable restrictions on these rights.
• The right to information stems from Article 21, concerning the right to life and liberty.
• Includes the right to know about matters affecting one's life.

Judiciary on RTI

• Romesh Thappar v. State of Madras (1950) was an early case where the Supreme Court highlighted the people's right to know.
• The Supreme Court struck down an order banning the circulation of the journal 'Cross Roads' as it violated freedom of speech and expression under Article 19(1)(a).
• State of UP vs Raj Narain (1975): The Supreme Court recognized the public demand for the right to information.
• The Supreme Court held that the public has a right to know every public act and transaction conducted by public officials to maintain governmental responsibility.
• Union of India v. Association for Democratic Reforms (2002): The Court stated Indian Constitution gives electors a fundamental right to know antecedents of candidates for public office.
• The ‘right to be informed’ is considered a right derived from freedom of speech and expression.
• Objective of the Right to Information Act 2005 is to promote transparency and accountability in public authorities, which is vital to contain corruption.
• Right to Information, defined by Section 2(j), means the right to access information controlled by public authorities.
• Includes the right to inspect documents, records, works, in addition to the right to take notes, extracts, and certified copies.
• Information can be obtained in various electronic formats or as printouts.
• The Act applies throughout India.
• Citizens can request information from public authorities.
• Includes government organizations, departments, and local bodies.
• Non-governmental organizations can be included under the Act as public authorities.
• One may inspect works, documents, or records and obtain notes and certified copies from public authorities.
• Information includes records, documents, and emails.
• Information is free for citizens below the poverty line.
• Others pay a nominal fee, such as Rs. 10 per application.
• It is unnecessary to state a reason for seeking information.
• Public authorities cannot question the applicant's locus standi.
• Information regarding life or liberty should be provided within 48 hours.
• Other information must be provided within 30 days, unless a third party is related; 40 days is the limit.
• Failure to provide information within the allotted time will cause applicants to have the right to appeal to authorities.
• The Act allows for withholding information related to national security, integrity, Parliament privilege, Cabinet papers, court-forbidden information, or trade secrets.
• The Act exempts 18 Intelligence and Security Organizations established by the Central Government of India.
• Provides a two-tier system for appeals: Appeals should be resolved within 30 days, but no more than 45 days.
• The Commission can penalize the Central/State Information Officer for delays.