RTI Act 2005 Notes PDF

## Right to Information Act 2005 * Mentioned in **Article 19(1)(a)** and **Article 21** of the constitution * Legal Right, not **Constitutional Right** * Implementation through the efforts of **Aruna Roy** (labour farmer organization, Rajasthan) and **Anna Hazare** (Maharashtra) ### Objectives of...

## Right to Information Act 2005 * Mentioned in **Article 19(1)(a)** and **Article 21** of the constitution * Legal Right, not **Constitutional Right** * Implementation through the efforts of **Aruna Roy** (labour farmer organization, Rajasthan) and **Anna Hazare** (Maharashtra) ### Objectives of the Act - **Transparency:** Promoting accountability and transparency in public authority functioning. - **Accountability:** Establishing and strengthening public authority accountability. - **Information access:** Ensuring citizens' access to information under public authority control. - **Central & State Information Commissions:** Setting up Central and State Information Commissions. - **Combating Corruption:** Combating corruption. - **Government Accountability:** Ensuring government accountability to the public. - **Strengthening Democracy:** Fostering a strong democracy. - **Specific Information:** Providing citizens with specific information, not every piece of information. - **Official Secret Act - 1923**: The Right to Information Act supersedes the Official Secret Act - 1923. ### Implementation - **Presidential Assent:** 15th June 2005 - **Implementation:** 12th October 2005 - **Amendments:** The act was amended in 2019. - **Lok Sabha:** 22nd July 2019 - **Rajya Sabha:** 25th July 2019 - **Presidential assent:** 1st August 2019 - **Amendments:** Articles 13, 16, and 27 were amended in 2019. * **Implementation in J&K:** Previously not applicable to Jammu and Kashmir, but the 2019 amendment made it applicable. * **First Country:** Sweden was the first country to implement this act. * **First State Online:** Maharashtra was the first state to implement this act online. ### Act Structure - **Chapters:** It has 6 chapters. - **Articles:** 31 articles - **Schedules:** 2 schedules ### Chapter 1: Preliminary - **Art 1**: This article focuses on the short & full title, extension, and commencement of the act. - **Art 1(i):** "Right to Information Act - 2005" - **Art 1(ii):** Applicable to all of India except J&K. (Applicable to J&K after 2019). - **Art 1(iii):** The provisions of some articles (4, 5, 12, 13, 15, 16, 24, 27, 28) came into effect from June 15th, 2005. The rest came into effect on October 12th, 2005. ### Chapter 2: Definition: - **Relevant Government**: Includes Central and State governments, bodies under their control, or those funded by them. - **Central Information Commission**: Established under Article 12(1) of the act - **Central Public Information Officer**: As per Article 5(1) - **Central Assistant Public Information Officer**: As per Article 5(2) - **Chief Information Commissioner & Information Commissioners**: As per Article 12(3) - **Competent Authority**: Includes the Chief Justice of the Supreme Court, The speaker/chairman of Parliament, The speaker/chairman of the state Legislative Assembly, and The Chief justice of the high court. - **President/Governor**: The authority responsible for implementing the act, depending on whether it's a Central or State authority. - **Administrator**: The authority for Union territories as per Article 239 of the constitution. - **Information**: encompasses a broad range of materials, like records, documents, emails, opinions, memos, press releases, circulars, reports, samples, logs, and contracts. It can also include information related to private entities when public authorities have the right to access it. - **Prescribed**: Indicates the rules defined by competent authorities as per the act. - **Public Authority**: Includes bodies established by the constitution, state legislature, parliament, or appointed by the government. Additionally, bodies funded and aided by the government, and those receiving grants from the central or state government fall under this category. - **Record**: Encompasses documents, manuscripts, files, and other digital media. - **Right to Information**: This right allows citizens to access information within a public authority's control as per the law. It encompasses a wide spectrum of information, such as requesting access to records, inspection of documents, obtaining certified copies or extracts, and requesting information in digital formats. - **State Information Commission**: Established by Article 15(1) - **State Chief & State Information Commissioner**: As per Article 15(3) - **State Public Information Officer & State Assistant Public Information Officer**: As per Article 5 (1 & 2) - **Third Party**: Individuals or organizations whose information a public authority may be required to disclose. ### Chapter 3: The Central Information Commission - **Constitution**: The Central Information Commission is established by the central government as per the act. - **Composition:** The commission includes a Chief Information Commissioner and up to 10 Information Commissioners, all appointed by the president of India based on the recommendation of a committee. - **Committee Members:** The committee comprises the Prime Minister (chairperson), the leader of the opposition in the Lok Sabha, and a Union minister appointed by the Prime Minister. - **Autonomous Body:** The Central Information Commission functions independently. - **Qualifications for Chief & Information Commissioners**: They must have expertise in law, science, technology, public administration, social services, journalism, management, administration, governance, and public relations. - **Restrictions on Commissioners**: - Cannot be members of parliament or state legislatures. - Cannot hold any profit-making positions. - Cannot be associated with any political parties. - Cannot engage in businesses or professional activities. - **Head Office:** Delhi, or another location decided by the central government. ### Chapter 4: The State Information Commission - **Constitution**: Established by State governments. - **Composition:** Includes a State Chief Information Commissioner and a maximum of 10 State Information Commissioners. - **Appointment:** Made by the governor of the state on the recommendation of a committee. - **Committee Members:** The committee consists of the Chief Minister (chairperson), the Leader of the Opposition in the state Legislative Assembly, and a Cabinet minister nominated by the Chief Minister. - **Autonomous Body:** The State Information Commission functions independently. - **Qualifications for State Chief & State Information Commissioners**: Must have expertise in law, science, technology, public administration, social services, journalism, management, administration, governance, and public relations. - **Restrictions on State Commissioners:** - Cannot be members of parliament or state legislatures. - Cannot hold any profit-making positions. - Cannot be associated with any political parties. - Cannot engage in businesses or professional activities. - **Head Office:** Decided by the state government. ### Chapter 5: Powers and Functions of the Information Commission, Appeal, and Penalties - **Commission's Responsibilities:** - **Hearing Complaints:** Handling objections raised by individuals seeking information. - **Addressing Complaints:** Taking action when an information officer has not been appointed or failed to respond to appeals. - **Addressing Information Access Issues:** Addressing complaints raised by individuals denied appropriate access to information. - **Investigating Misleading/Incorrect Information:** Addressing cases where inaccurate or incomplete information has been provided. - **Commission's Powers:** The Central and State Information Commissions have similar powers to civil courts in examining complaints, summoning individuals, ordering inspections, and admitting evidence, as outlined in the Code of Civil Procedure - 1908. ### Chapter 6: Miscellaneous - **Protection for Good Faith Action:** Public officials acting in good faith are protected from penalization. - **Overriding Effect:** The Right to Information Act takes precedence over the Official Secret Act of 1923. - **Jurisdiction of Courts:** The jurisdiction of courts regarding the Right to Information Act is restricted. - **Exceptions for Certain Organizations:** The Act does not apply to organizations mentioned in the second schedule, including the Intelligence Bureau (IB), Research and Analysis Wing (RAW), Enforcement Directorate (ED), Narcotics Control Bureau (NCB), the Directorate of Enforcement (ED), and the Border Roads Organization (BRO). - **Monitoring & Reporting:** Central and State Information Commissions are required to submit annual reports to the government. - **Programmes:** The government is responsible for creating programs and awareness initiatives related to the implementation of the Right to Information Act. - **Rule Making:** The government is responsible for creating rules to implement the Act. - **Removal of Difficulties:** The Central government possesses the power to resolve any issues arising concerning the implementation of the Act. - **Repeal of Previous Act:** The Right to Information Act (2005) has replaced the Freedom of Information Act (2002). - **Schedules:** The Act has two schedules. **First Schedule:** Lists the qualifications for information commissioners. **Second Schedule:** Lists the organizations not included under the Act.