Right to Information Act, 2005

The Right to Information Act, 2005

• This act provides the practical regime of the right to information for citizens.
• It secures access to information under the control of public authorities.
• This is in order to promote transparency and accountability in the working of every public authority.
• Establishes the Central Information Commission and State Information Commissions.
• Deals with matters connected or incidental to these aims.
• The Constitution of India has established a democratic Republic.
• Democracy requires an informed citizenry and transparency of information.
• Vital to the functioning of democracy, corruption containment, and governmental accountability.
• Revelation of information may conflict with public interests.
• This includes the efficient operation of government, optimum use of limited fiscal resources, and confidentiality.
• Necessary to harmonize conflicting interests while preserving the democratic ideal.
• Enacted by Parliament in the Fifty-sixth Year of the Republic of India.

Preliminary Matters

• The Act is called the Right to Information Act, 2005.
• The act extends to the whole of India.
• Definitions of key terms are provided, unless the context indicates otherwise.
• "Appropriate Government" relates to a public authority established, constituted, owned, controlled, or financed, and includes:
• Central Government or the Union territory administration.
• State Government.
• "Central Information Commission" is the commission constituted under section 12(1).
• "Central Public Information Officer" is designated under section 5(1) and includes Assistant Officers under section 5(2).
• "Chief Information Commissioner" and "Information Commissioner" are appointed under section 12(3).
• "Competent authority" includes:
• The Speaker of the House of the People or a State Legislative Assembly.
• The Chairman of the Council of States or a State Legislative Council.
• The Chief Justice of India for the Supreme Court.
• The Chief Justice of a High Court.
• The President or Governor for authorities under the Constitution.
• The administrator appointed under Article 239 of the Constitution.
• "Information" is any material in any form, including records, documents, memos, e-mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data in electronic form.
• Includes information related to private bodies accessible by public authorities under law.
• "Prescribed" means prescribed by rules made under this Act.
• Made by the appropriate Government or the competent authority.
• "Public authority" means any self-government authority, body, or institution established or constituted:
• By or under the Constitution.
• By any law made by Parliament.
• By any law made by a State Legislature.
• By notification or order of the appropriate Government.
• Includes bodies owned, controlled, or substantially financed by the government.
• Also non-Government organizations substantially financed directly or indirectly by government funds.
• "Record" includes documents, manuscripts, files, microfilms, microfiche, and computer-generated material.
• "Right to information" is the right to access information held by or under the control of any public authority, including the right to:
• Inspect works, documents, and records.
• Take notes, extracts, or certified copies.
• Obtain certified material samples.
• Obtain information in electronic modes or printouts.
• "State Information Commission" is constituted under Section 15(1).
• "State Chief Information Commissioner" and "State Information Commissioner" are appointed under section 15(3).
• S"State Public Information Officer" is designated under Section 5.
• "Third party" is any person other than the citizen requesting information and includes a public authority.

Right to Information and Obligations of Public Authorities

• All citizens have the right to information, subject to the Act's provisions.
• Public authorities must maintain records, duly catalogued and indexed, facilitating the right to information.
• Computerize records appropriate for computerization within a reasonable time, subject to resource availability.
• Information is published within one hundred and twenty days of the Act's enactment, including:
• Organization particulars, functions, and duties.
• Powers and duties of officers and employees.
• Decision-making process and accountability channels.
• Norms for discharging functions.
• Rules, regulations, instructions, manuals, and records used by employees.
• Categories of documents held under control.
• Arrangements for public consultation in policy formulation or implementation.
• Statements of boards, councils, committees, and whether their meetings are open to the public.
• Directories of officers and employees.
• Monthly remuneration details for officers and employees.
• Budget allocation to each agency, with details of plans, expenditures, and disbursements.
• Execution of subsidy programmes, including amounts allocated and beneficiary details.
• Particulars of recipients of concessions, permits, or authorizations.
• Details of information available in electronic form.
• Particulars of facilities to obtain information, like library hours.
• Names, designations, and particulars of Public Information Officers.
• Other prescribed information.
• Publications are updated annually.
• Relevant facts are published during policy formulation or decision announcements affecting the public.
• Reasons are provided for administrative or quasi-judicial decisions affecting persons.
• Public authorities endeavor to provide information suo motu through various communication means, reducing the need to resort to the Act.
• Information is disseminated widely in an accessible form and manner.
• All materials are disseminated considering cost-effectiveness, local language, and the most effective communication method.
• Use electronic formats as much as possible, with information available free or at a nominal cost.
• “Disseminated” means making information known or communicated to the public.
• Communicated using notice boards, newspapers, public announcements, media, the internet, or office inspections.

Designation of Public Information Officers

• Public authorities designate Central or State Public Information Officers in all administrative units within one hundred days of the Act.
• An officer is designated within 100 days of the act, at each sub-divisional level or sub-district to receive applications or appeals.
• Forward applications to the appropriate Information Officer.
• Adding five days to the response period under section 7(1) if the application is given to an Assistant Officer.
• Central or State Public Information Officers deal with requests and provide reasonable assistance to those seeking information.
• These officers may seek assistance from any other officer to properly discharge duties.
• Any officer whose help is requested must provide assistance.
• Being treated as a Public Information Officer for contravention purposes.

Requesting and Disposing Information

• Persons desiring information must make a request in writing or through electronic means.
• Use English, Hindi, or the official language of the area.
• Include the prescribed fee to the Central or State Public Information Officer.
• Specify the particulars of the information.
• Assistance is provided to those unable to make written requests, to reduce it to writing.
• Applicants are not required to give reasons for requesting information or personal details, except contact information.
• If the requested information is held by or closely connected to another public authority, the application should be transferred.
• The applicant is informed immediately about the transfer.
• A transfer of application must occur no later than five days from the date of receipt of the application.
• The Central or State Public Information Officer must provide the information or reject within thirty days.
• This is done on receipt of a request under section 6.
• Information concerning life or liberty must be provided within forty-eight hours of the request receipt.
• Failure to provide a decision within this period is deemed a refusal.
• If a further fee is required, the information officer sends an intimation detailing the costs and the calculation method.
• The period between despatch of intimation and fee payment is excluded from calculating the thirty-day period.
• Information is provided on the right to review fee decisions.

Record Access and Exemptions

• Sensitively disabled persons are assisted in accessing information, through reasonable assistance.
• Access to information in printed or electronic form requires payment of a prescribed fee, subject to sub-section (6).
• No fee if the person is below the poverty line.
• Information is provided free of charge if the public authority fails to comply with specified time limits.
• Before decisions are made, representations made by a third party under section 11 are considered.
• Rejections must communicate reasons, the period for appeal, and appellate authority particulars.
• Information is provided in the form sought unless it disproportionately diverts resources or is detrimental to the record's safety or preservation.

Disclosure Exemptions

• No obligation to give information that would:
• Prejudicially affect India's sovereignty, integrity, security, or relations with foreign states.
• Lead to incitement of an offense.
• Is forbidden by any court or tribunal or would constitute contempt of court.
• Would cause a breach of privilege of Parliament or the State Legislature.
• Would harm the competitive position of a third party, including commercial confidence, trade secrets or intellectual property.
• Competent authority is satisfied that larger public interest warrants disclosure.
• Information is available to a person in their fiduciary relationship.
• Information received in confidence from a foreign government.
• Endangers life or physical safety or identifies confidential sources for law enforcement.
• Impedes the process of investigation or offender prosecution.
• Cabinet papers, including records of deliberations of the Council of Ministers, Secretaries, and other officers.
• Decisions, reasons, and basis shall be made public after decisions and completion of relevant matters.
• Relates to personal information with no public interest or unwarranted invasion of privacy, unless justified by larger public interest.
• Information cannot be denied if it cannot be denied to Parliament or a State Legislature.
• A public authority may allow access to information if public interest outweighs harm to protected interests, regardless of the Official Secrets Act of 1923.
• Subject to specific clauses, information relating to any occurrence, event, or matter twenty years prior to the request date must be provided.
• The Central Government makes the final decision on the starting date for computing the twenty-year period, subject to appeals under the Act.

Grounds for Rejection, Severability and Third Party Information

• Central or State Public Information Officers may reject requests that infringe on subsisting copyrights with parties other than the State.
• Access is provided to parts of a record not exempt from disclosure.
• This is done where a request is rejected due to exempt information.
• The provided part can be reasonably be severed from the exempt information.
• Notice must be given to the applicant, informing that only part of the record is being provided.
• It includes the reasons for the decision and details of fees and review rights.
• Central or State Public Information Officers intending to disclose third-party information must give written notice to the third party within five days.
• The notice includes the request and intention to disclose.
• This is to invite submissions on whether to disclose the information.
• Disclosure is allowed if public interest outweighs potential harm to the third party, except in cases of legally protected trade or commercial secrets.
• Third parties have 10 days to make representation against disclosure of the notice receipt date.
• The Information Officer decides whether to disclose the information within forty days after receiving the request under section 6, if the third party has been given an opportunity to make representation.
• This decision is then shared in writing to the third party.
• The notice includes the third party's right to appeal the decision under section 19.

Central Information Commission Constitution

• The Central Government constitutes a body known as the Central Information Commission.
• This is to exercise conferred powers, and perform assigned functions.
• The commission consists of a Chief Information Commissioner and up to ten Central Information Commissioners.
• The Chief Information Commissioner and Information Commissioners are appointed by the President.
• Appointment is based on the recommendation of a committee consisting of:
• The Prime Minister, as chairperson.
• The Leader of Opposition in the Lok Sabha.
• A Union Cabinet Minister nominated by the Prime Minister.
• The Leader of the single largest opposition group in the House of the People is considered when the Leader of the Opposition is not recognized.
• The Chief Information Commissioner manages the affairs of the Central Information Commission.
• They are assisted by the Information Commissioners.
• Acts done autonomously and not subjected to directions by any other authority.
• The Chief Information Commissioner and Information Commissioners are persons of eminence with wide knowledge and experience in relevant fields.
• Law, science, technology, social service, management, mass media, administration, and governance are all relevant fields.
• The Chief Information Commissioner or an Information Commissioner must not be a Member of Parliament or any State/Union territory Legislature.
• They must not hold any office of profit, be connected with any political party, or carry on any business/profession.
• The headquarters of the Central Information Commission are in Delhi.
• Central Information Commission may establish offices elsewhere in India with Central Government approval.

Term and Conditions

• The Chief Information Commissioner holds office for a term prescribed by the Central Government(Not eligible for reappointment).
• No Chief Information Commissioner shall hold office after the age of sixty-five years.
• Information Commissioners hold office for a term prescribed by the Central Government.
• They are not eligible for reappointment as Information Commissioner(The age of sixty-five years is the earlier criteria).
• Information Commissioners are eligible for appointment as the Chief Information Commissioner under section 12(3).
• The term of office should not exceed five years in aggregate.
• The person has to make an oath or affirmation -The form is set out in the First Schedule- before the President or another appointed person, prior to office assumption.
• The Chief Information Commissioner or an Information Commissioner may resign by writing to the President.
• Can also be removed in the manner specified under section 14.
• Salaries, allowances, and other service terms are prescribed by the Central Government.
• The salaries, allowances and service conditions should not be varied to their disadvantage - after the appointment.
• Existing Chief Information Commissioner and the Information Commissioners prior to the commencement of The Right to Information (Amendment) Act, 2019(24 of 2019) shall continue to be governed by the provisions of this Act and the rules thereunder
• The Act of 2019 would not effect them.
• The Central Government provides the necessary officers and employees.
• The Act specifies the terms and conditions of service of the officers.
• It also provides the salaries and allowances.

Removal Procedures

• The Chief Information Commissioner or any Information Commissioner can only be removed from office by Presidential order.
• It is based on proven misbehavior or incapacity.
• The Supreme Court must report that the person ought to be removed on such ground, after a reference made to it by the President.
• The President may suspend from office.
• The President can prohibit attendance during inquiry.
• It applies to any Chief Information Commissioner or Information Commissioner until the President passes orders following the Supreme Court report.
• The President may remove from office for cases of insolvency or conviction.
• Moral turpitude, outside paid employment, or unfitness due to infirmity also applies.
• Financial or other conflict of interest applies.
• A person guilty of misbehavior is concerned or interested in any agreement made by the Government of India or profits therefrom.
• Unless in common with other members of an incorporated company.

State Information Commission Constitution

• Every State Government must constitute a State Information Commission.
• It is done by notification.
• Includes the name of the State for exercising conferred powers.
• The commission consists of a State Chief Information Commissioner and up to ten State Information Commissioners.
• Appointed by the Governor on the recommendation of a committee including
• The Chief Minister as Chairperson.
• The Leader of Opposition in the Legislative Assembly.
• A Cabinet Minister nominated by the Chief Minister.
• The Leader to be considered when The Leader of Opposition is not recognised is the Leader of the single largest group in opposition of the Government in the Legislative Assembly.
• General superintendence, direction, and management in the affairs of The State Information Commission, vests in The State Chief Information Commissioner.
• The Commissioners are assisted by the State Information.
• May exercise all such powers and do all such acts and things autonomously and not subjected to directions.
• State Chief Information Commissioner and the State Information Commissioners must be of an eminence.
• Relevant expertise in the areas of Science, technology, social service and other relevant experience is required.
• State Chief Information Commissioner must not be a MP
• Must not be office or profit, must be clear from political connection and business.
• Headquarters of the State Information Commission must be specified at such location in The State and the authorities must approve for offices elsewhere.

Office Terms and Conditions

• The State Chief Information Commissioner shall hold office ¹[for such term as may be prescribed by the Central Government] and shall not be eligible for reappointment.
• No appointee under this segment shall hold office beyond sixty-five years of age.
• State Information Commissioner shall hold office ¹[for such term as may be prescribed by the Central Government] or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner.
• The State Information Commissioner, shall be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15.
• The appointee's term of office shall not be more than five years in aggregate as The State Chief Information Commissioner and The State Information Commissioner overall.
• The new appointees must take an oath.
• The form is set out for the purpose in the First Schedule.
• Such action must be subscribed before the Governor or some other appointed.
• Can resign at any time, by writing and handing over submission to The relevant Governor.
• Can be removed under conditions listed and specified in section 17.
• Salaries and more are what the Central Government prescribes.
• This is applicable The State Chief Information Commissioner and The State Information Commissioners .
• The action of being able to have varied and more is not allowed.
• Such actions for The State Chief Information Commissioner and The State Information Commissioners that are mentioned before The Right to Information - are set in the document known has the Amendment Act, as of 2019.
• In this case Act, 2019 had not come into force.]
• In this process The relevant State can specify officials.
• The salaries and allowances that are applicable.
• Terms applicable.

Key Powers and Function of Information Commissions

• The duty is to process the complaint.
• Receive the complaint.
• Inquire a complaint in certain cases.
• The reasons are the subject of Public Information has been officer that's unable to perform roles.
• Right to refuse under this action.
• Applicant under this action or appeal or request has been denied.
• The request has been made but there is a lack of response, this includes access under the specified format in relation of this act.
• Fees are due.
• The person is not happy.
• Info may be misleading.
• In that matter they may initiate.
• Powers of civil action in The court of civil procedure also called 1908.
• Summons documents.
• Oath.
• Discovery of such documents.
• Requisition.
• To access action the state information can examine.
• Record needs authorisation by the authorities.

Appeals, Penalties, and Protection

• Decisions must be made for the information within 90 days from the Central Information Commission or the Commission to be the state information ones.
• The period for the appeal has been expired.
• The party also need to be heard and the opportunity needs to be reasonable.
• The proceedings can also be used on the other basis.
• Record reasons for the actions that need to be written for extended reasoning.
• Actions that meet Compliance requirements.
• A form needs to be in order.
• There must be changes.
• The training is the core of it.
• Authority makes the claim and loss on record.
• Central to action.
• Any penalties applied for.
• Action the actions for the application to be rejected.
• The notices must be provided under the authority also need to be provided to the Public.
• At that time Central Information feels request has failed to meet regulation it will without any reasonable cost or denial be actioned in review as an option.
• Without information such as records will be the subject to an action that could be detrimental.
• Without reasonable actions or deny the request the actions of the application that are not performed for reasons in a certain way such as subsection in certain conditions the time in that the time has in correctly be performed so a subject there are some remedies for it.
• It be recommend or take action to prevent the public information for reasons in the same format
• The act in a good faith actions must be taken no suit or prosecutions be there in any legalities or rules.
• The effect is a overriding action on the original one withstanding any of the things with the action or inconsistency that it holds anything that that this has in the law.
• No jurisdiction to handle the court with the actions and applications.

Organisations and Monitoring

• These actions can now apply the things related to information.
• The information relates to anything under law and any of this.
• Central may adjust and get things in order.
• Government needs review on record anything to with law making any action.
• Inform to State Legislature.
• The report the government needs to make any records as appropriate.
• All the actions are as followed and here is many different actions.
• The reports will be set the year for the process.
• The number can refer to actions and government for reform the things to be better.
• This report any actions can get information and action.
• The central government can give the authority the records and access for review.
• Government needs to take programs when the action has financial problems.
• Proper programs will get information in action.