Right to Information (RTI) PDF

RIGHT TO INFORMATION (RTI) The term Democracy refers to a government by the people, whether it is direct or representative. In a democratic set-up, information is an indispensable tool of good governance which acts as an aid to ensure accountability in administration. The veil of secrecy restricts...

RIGHT TO INFORMATION (RTI) The term Democracy refers to a government by the people, whether it is direct or representative. In a democratic set-up, information is an indispensable tool of good governance which acts as an aid to ensure accountability in administration. The veil of secrecy restricts this vision of democracy; hence, the ready availability of information is vital for the functioning of any democracy. The right to information, when vested in people, can act as a deterrent against corruption and abuse of power. The right to information is a means to ensure open government and to empower the people In this regard, the Right to Information Act, 2005 was passed by the government for access to information and to ensure accountability and transparency in governance International framework: 1. United Nation Principle on the Freedom of Information These are the following principles propounded by the UNO to ensure the freedom of information: 1. Maximum disclosure 2. Obligation to publish 3. Promotion of open government 4. Limited scope of exceptions 5. Processes to facilitate access 6. Costs 7. Open meetings 8. Disclosure takes precedence 9. Protection for whistleblowers. 2. Universal Declaration of Human Rights, 1948 The right to information is a human right under Article 19 of the Universal Declaration of Human Rights. It states that "everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." 3. The International Covenant on Civil and Political Rights, 1966 Article 19 of the Covenant states as following:- “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” NATIONAL FRAMEWORK 1. CONSTITUTION OF INDIA Article 19 (1) (a) of the Constitution of India, guarantees the fundamental rights to free speech and expression, which, by implication, includes within it the right of access to information. The prerequisite for enjoying this right is knowledge and information. However, Article 19 (2) 9 permits the state to make any law insofar as such law imposes reasonable restrictions on the exercise of the rights conferred by Article 19 (1) (a) of the Constitution. The right to information also seems to flow from Article 21 of the Constitution on the right to life and liberty, which includes the right to know about things that affect our lives 2. JUDICIARY ON RTI Romesh Thappar v. State of Madras (1950) One of the earliest cases where the Supreme Court emphasized the people’s right to know. In this case, the petitioner challenged an order issued by the then Government of Madras under Section 9 (1-A) of the Madras Maintenance of Public Order Act, 1949 imposing a ban on the circulation of the petitioner’s journal ‘Cross Roads’. The order was struck down by the SC as violative of the right to freedom of speech and expression under Article 19(1)(a). One of the prominent instances, when the Supreme Court took cognizance of the public demand for the right to information in State of UP vs Raj Narain (1975). The SC ruled that: In a government of responsibility like ours where the agents of the public must be responsible for their conduct, there can be but a few secrets. The people of this country have a right to know every public act, everything that is done in a public way by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearings Union of India v. Association for Democratic Reforms (2002) The Court in dealing with the question of criminalization of politics held that under the Indian Constitution, electors had a fundamental right to know the antecedents of candidates contesting elections to hold public office. The court read in ‘right to be informed’ as a right flowing from freedom of speech and expression. Right to Information Act, 2005 Object: The object of the Act is to promote transparency and accountability in the working of every 'public authority' and democracy requires an informed citizen and transparency of information have been considered vital to the functioning of democracy and also to contain corruption. Definition: According to Section 2(j), Right to Information means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to: (i) Inspection of work, documents, records; (ii) Taking notes, extracts or certified copies of documents or records; (iii) Taking certified samples of material; (iv) Obtaining information in the form of Diskettes, Floppies, Tapes, Video Cassettes, or any other electronic mode or through printouts where such information is stored or in a computer or in any other device. Salient Features (i) The Act is applicable to the whole of India (ii) Citizens can seek information from public Authorities, which includes Government Organizations, Departments, Local Bodies, etc. Non-Governmental Organizations can also be brought under the ambit of the Right to Information Act and declared as public Authorities. (iii) Any person can seek inspection of works, documents, records, take notes, certified copies of documents from the public Authorities. (iv) Information under the Right to Information Act means any material in any form including the records, documents, emails etc. (v) For citizens who are below poverty line. Information is available free of cost. For other people the Act has prescribed a nominal fees of Rs. 10 per Application. Any person can file Application for getting information along with the prescribed fee through Central/State Public Information Officer. (vi) It is not necessary to give a reason for seeking any information from public Authorities. The Public Authorities cannot question the locus standi of the Applicant. (vii) Under the Right to Information Act a citizen should get information about life or liberty cases in 48 hours while in other cases the information has been given within a period of 30 days except in certain cases. 5 days shall be added to the above response time if the interest of third party is involved then the limit will be 40 days. (viii) Failure to provide information by the public Authorities within the specified period is deemed as a refusal and the Applicants can file Appeal with the Appellate Authorities. (ix) The Act defines certain areas where information can be withheld such as concerning security, integrity of India, privilege of Parliament, Cabinet papers. Information expressly forbidden by any Court or Tribunal. Trade secrets or intellectual property., etc. (x The Act provides exception to 18 Intelligence and Security Organizations established by the Central Government of India. The Act has made provisions for two tier system for Appeals. The Appeal filed with the First Appellate Authority are to be disposed of in time bound manner within 30 days which cannot exceed more than 45 days. The Commission has the power to impose penalty upon the Central/State Information Officer in case of any delay. Covered Not covered