Right To Information (rti)
The right to information includes the ability to inspect information held by or under the control of any public authority, as well as the ability to take notes, extracts or certified copies of documents/records, and certified samples of materials, as well as the ability to obtain information that is also stored in electronic form. Article 19(1) (a) of the Constitution grants everyone in India the right to information as part of their fundamental rights.
History:
• When the Universal Declaration of Human Rights was adopted in 1948, it gave everyone the right to seek, receive, and transmit information and ideas through any medium, regardless of frontiers.
• The RTI law can be traced back to the Supreme Court's views in the Kulwal v/s Jaipur Municipal Corporation case of 1986, in which the apex court stated that Article 19 of the Constitution clearly implies the right to information, because freedom of speech and expression cannot be fully exercised by citizens without information.
• The Right to Information Act of 2005 requires the government to respond to citizen requests for information in a timely manner.
• The Act establishes a practical regime of right to information for citizens to secure access to information under the control of public authorities, as well as the establishment of a Central Information Commission and State Information Commissions, in order to promote transparency and accountability in the workings of all public authorities.
OBJECTIVE OF THE RIGHT TO INFORMATION ACT:
1. The Right to Information Act's main goal is to empower citizens, promote transparency and accountability in government operations, combat corruption, and make our democracy truly work for the people.
2. It goes without saying that a well-informed citizen is better able to keep a close eye on the instruments of governance and hold the government accountable to the people.
3. The Act is a significant step toward keeping citizens informed about government activities.
4. In practise, the release of information is likely to conflict with other public interests such as government efficiency, the best use of limited fiscal resources, and the protection of sensitive information's confidentiality.
5. As a result, this Act balances these competing interests while maintaining the primacy of the democratic ideal.
MEANING OF “RIGHT TO INFORMATION”
"Right to Information" refers to the right to access information held by or under the control of any public authority and includes the right to inspect information held by or under the control of any public authority.
a. Work, documents, and records are inspected
b. Taking notes on documents or records, extracting information, or obtaining certified copies of documents or records
c. Obtaining certified material samples
d. Obtaining information on diskettes, floppies, tapes, video cassettes, or any other electronic medium, as well as printouts where the information is stored in a computer or other device.
IMPORTANT SECTIONS OF THE RTI ACT, 2005
1. SECTION-2 (F): MEANING OF INFORMATION
• Any material in any form is considered information. It includes all electronic records, documents, memos, emails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and data material.
• It also includes information about any private body that can be accessed by the government under any law currently in effect.
2. SECTION – 2 (H): MEANING OF PUBLIC AUTHORITY
Any authority, body, or institution of self-government established or constituted is referred to as a "public authority."
a. As a result of or in accordance with the Constitution
b. Any other legislation enacted by Parliament
c. Any other statute enacted by the State Legislature
d. Any I body owned, controlled, or substantially financed
e. Non-government organisation substantially financed, directly or indirectly, by funds provided by the appropriate Government, as defined by notification issued or order made by the appropriate Government.
3. SECTION -4: OBLIGATIONS OF PUBLIC AUTHORITY
1. Every government agency must
A. keep all of its records properly catalogued and indexed in a manner and form that facilitates the right to information under this Act, and ensure that all records that are appropriate to be computerised are computerised and connected through a network all over the country on different systems, within a reasonable time and subject to the availability of resources, so that access to such records is easy.
B. Within one hundred and twenty days of the Act's enactment, publish
I. The specifics of its structure, functions, and responsibilities
II. The officers' and employees' powers and responsibilities
III. The decision-making procedure that was followed
IV. The regulations, rules, instructions, manuals, and records
V. A list of the boards, councils, committees, and other bodies made up of two or more people formed as part of it or to give it advice, as well as whether or not meetings of those boards, councils, committees, and other bodies are open to the public
VI. A list of the company's officers and employees
VII. The monthly remuneration received by each of its officers and employees, as well as the compensation system set forth in its regulations
VIII. The budget allotted to each of its agencies, with details on all plans, proposed expenditures, and disbursement reports
IX. The specifics of the information-gathering facilities available to citizens
X. The names, designations, and other information of the Public Information Officers
XI. Any other information that may be prescribed; and, after that, annually update these publications.
C. When formulating important policies or announcing decisions that affect the public, make all relevant facts public.
D. Explain its administrative or quasi-judicial decisions to those who are affected.
2. Every public authority shall make a constant effort to provide as much information to the public on a voluntary basis at regular intervals through various means of communication, including the internet, so that the public does not have to rely on this Act to obtain information.
3. All information must be widely disseminated in a form and manner that is easily accessible to the general public.
4. All materials shall be disseminated taking into account cost effectiveness, local language, and the most effective mode of communication in that local area, and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or print cost price as may be prescribed.
5. MEANING OF COMPETENT AUTHORITY
1. The Speaker of the House of the People, the Legislative Assembly of a State, or the Chairman of the Council of States or the Legislative Council of a State, in the case of the House of the People, the Legislative Assembly of a State, or the Chairman in the case of the Council of States or the Legislative Council of a State
2. The Chief Justice of India in the case of the Supreme Court
3. The Chief Justice of the High Court in the case of a High Court
4. The Chief Justice of the High Court in the case of a High Court
5. In the case of other authorities established or constituted by or under the Constitution, the President or the Governor, as the case may be
6. The administrator appointed under the Constitution's article 239
6. SECTION -5: MEANING OF PUBLIC INFORMATION OFFICER
1. Some public officials have been designated as Public Information Officers. They are responsible for providing information to anyone who requests it under the RTI Act.
2. Under the Act, every public authority must designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting information under the Act within one hundred days of the Act's enactment.
3. The Central Public Information Officer or State Public Information Officer may enlist the help of any other officer if he or she believes it is necessary to carry out their duties properly. Such other officer whose assistance has been sought shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be, for the purposes of any contravention of the provisions of this Act.
7. MEANING OF ASSISTANT PUBLIC INFORMATION OFFICER
• These are the sub-divisional officers to whom a person can submit his or her RTI application or appeal. These officials submit the application or appeal to the public authority's Public Information Officer or the appropriate appellate authority.
• It is not the responsibility of an Assistant Public Information Officer to provide the information.
• Assistant Public Information Officers appointed by the Department of Posts in various post offices serve as Assistant Public Information Officers for all government of India public authorities.
WHAT IS THE FEE FOR SEEKING INFORMATION FROM CENTRAL GOVERNMENT PUBLIC AUTHORITIES?
• A person wishing to obtain information from a Central Government Public Authority must enclose with their application a demand draught, bankers cheque, or Indian Postal Order in the amount of Rs.10, payable to the public authority's Accounts Officer as the fee for obtaining information.
• Fees can also be paid in cash to the public authority's Accounts Officer or the Assistant Public Information Officer in exchange for a proper receipt.
• The RTI Fee and mode of payment, however, may vary because, under Sections 27 and 28, of the RTI Act, 2005, the appropriate Government and the competent authority, respectively, make rules to carry out the provisions of the Act by notification in the Official Gazette.
• If a public authority fails to comply with the time limits set forth in this Act, the person making the request for information will be provided with the information free of charge.
WHAT IS THE FEE FOR THE BPL APPLICANT FOR SEEKING INFORMATION?
• If the applicant falls into the below-poverty-line (BPL) category, there is no fee to pay. He should, however, provide evidence to back up his claim that he is below the poverty line.
IS THERE ANY SPECIFIC FORMAT OF APPLICATION?
• There is no set format for submitting a request for information. On plain paper, the application can be completed. The applicant's name and complete postal address must, however, be included in the application.
IS IT REQUIRED TO GIVE ANY REASON FOR SEEKING INFORMATION? (SECTION 6(2))
• The reason for seeking information is not required of the information seeker.
IS THERE ANY PROVISION FOR EXEMPTION FROM DISCLOSURE OF INFORMATION?
• Sections 8 and 9 of the Act each have a subsection (1) that lists the types of information that are exempt from disclosure.
• Section 8 sub-section (2), on the other hand, states that information exempted under
• If the public interest in disclosure outweighs the harm to the protected interest, sub-section (1) or exempted information under the Official Secrets Act of 1923 can be disclosed.
SECTION 8:
1. No citizen shall be obligated to provide-
a. Information that could jeopardise India's sovereignty and integrity, its security, strategic, scientific, or economic interests, or its relations with foreign states, or lead to the incitement of an offence.
b. Information that has been expressly forbidden by a court of law or tribunal from being published, or whose disclosure could be considered contempt of court
c. Information that would constitute a breach of Parliamentary or State Legislative privilege if disclosed
d. Commercial confidence, trade secrets, or intellectual property, the disclosure of which would jeopardise a third party's competitive position, unless the competent authority determines that the greater public interest justifies the disclosure of such information
e. Information available to a person in a fiduciary relationship, unless the competent authority determines that disclosing such information is in the public interest
f. Confidential information received from a foreign government
g. Information that would jeopardise the life or physical safety of any person or reveal the source of confidential information or assistance provided for law enforcement or security purposes
h. Information that would obstruct the investigation, apprehension, or prosecution of criminals
i. Cabinet papers, including records of deliberations by the Council of Ministers, Secretaries, and other officials, provided that the decisions of the Council of Ministers, the reasons for the decisions, and the material on which the decisions were made are made public after the decision is made.
j. information relating to personal information, the disclosure of which has no connection to any public activity or interest, or which would result in an unwarranted invasion of the individual's privacy unless the Public Interest Disclosure Act is invoked.
k. The Information Officer or the appellate authority determines that the greater public interest justifies the disclosure of such information, provided that information that cannot be denied to Parliament or a State Legislature cannot be denied to anyone else.
2. Despite anything in the Official Secrets Act of 1923 or any of the exemptions permissible under sub-section (1), a public authority may allow access to information if the public interest in disclosure outweighs the harm to protected interests.
3. Any information relating to any occurrence, event, or matter that occurred, occurred, or happened twenty years before the date on which any request for information is made shall be provided to any person making a request, subject to the provisions of clauses (a), (c), and I of sub-section (1), provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final.
SECTION 9:
• When providing access to information would result in an infringement of copyright owned by someone other than the State, the Public Information Officer may refuse the request.
SECTION 10(1):
• When a request for access to information is denied because it pertains to information that is exempt from disclosure, access may be granted to that portion of the record that does not contain any information that is exempt from disclosure under this Act and can be reasonably separated from any part that does.
IS THERE ANY ASSISTANCE AVAILABLE TO THE APPLICANT FOR FILING RTI APPLICATION?
• If a person is unable to make a request in writing, he may ask the Public Information Officer to assist him in writing his application, and the Public Information Officer must provide him with reasonable assistance.
• When a decision is made to allow a sensory disabled person access to a document, the Public Information Officer shall provide the person with whatever assistance is necessary for the inspection.
WHAT IS THE TIME PERIOD FOR SUPPLY OF INFORMATION?
• Normally, information to an applicant is provided by the PIO within 30 days of the public authority receiving the application. (or deny the request for any of the listed reasons)
• If the information sought is related to a person's life or liberty, it must be provided within 48 hours.
• If the application is sent through the Assistant Public Information Officer or to the wrong public authority, an additional five days will be added to the thirty-day or 48-hour period, as applicable.
• The Public Information Officer is deemed to have refused the request if he or she does not respond to the request for information within the time frame specified.
IS THERE ANY PROVISION OF APPEAL UNDER THE RTI ACT?
• If an applicant is not provided information within the prescribed time of thirty days or 48 hours, as the case may be, or is dissatisfied with the information provided to him, he may file a complaint with the first appellate authority, who is a higher-ranking officer than the Public Information Officer.
• Such an appeal must be filed within thirty days of the expiration of the 30-day period for providing information or the date on which the information or decision of the Public Information Officer is received.
• The public authority's appellate authority must rule on the appeal within thirty days of receiving it, or within 45 days in exceptional circumstances.
IS THERE ANY SCOPE FOR SECOND APPEAL UNDER THE RTI ACT?
• If the first appellate authority fails to rule on the appeal within the prescribed time frame, or if the appellant is dissatisfied with the first appellate authority's decision, the appellant may file a second appeal with the Central Information Commission within ninety days of the date on which the decision should have been made by the first appellate authority or when the appellant received the decision.
CAN ANYONE GO TO THE COURT AGAINST ANY ORDER UNDER THIS ACT? (SECTION 23)
• No suit, application, or other proceeding shall be entertained in respect of any order made under this Act, and no such order shall be called into question other than through an appeal under this Act.
WHETHER COMPLAINTS CAN BE MADE UNDER THIS ACT? IF YES, UNDER WHAT CONDITIONS?
• If any person is unable to submit a request to a Public Information Officer either because such an officer has not been appointed by the concerned public authority; or the Assistant Public Information Officer has refused to accept his or her application or appeal for forwarding to the Public Information Officer or the appellate authority, as the case may be; or he has been refused to accept his or her application or appeal for forwarding to the Public Information Officer or the appellate authority, as the case may be; or he has been refused to accept his or her
WHAT IS THE METHOD OF SEEKING INFORMATION? (SECTION 6(1))
• A citizen who wishes to obtain any information under the Act should submit a written or electronic request to the Public Information Officer of the relevant public authority in English, Hindi, or the official language of the area in which the request is made.
• The application must be detailed and precise. He must pay the application fee as specified in the Fee Rules at the time of submission of the application.
• Where a request for public information cannot be made in writing, the Public Information Officer will provide all reasonable assistance to the person making the request orally in order to reduce the request to writing.
• The application must be sent to the concerned Regional Head, i.e. the Public Information Officer for the Region where the matter/information relates, who must respond to the request within 30 days of receipt.
WHAT IF REQUEST OF INFORMATION HAS BEEN REJECTED?
When a request is denied, the Public Information Officer must inform the person who made the request.
a. The reasons for the denial
b. The time limit for filing an appeal against a denial of such a request
c. The appellate authority's information.
WHAT IF APPLICATION IS MADE TO WRONG PUBLIC AUTHORI¬TY? (SECTION 6(3))
• If an application is made to a public authority for information that is held by another public authority or the subject matter of which is more closely related to the functions of another public authority, the public authority to which the application is made shall transfer the application to that other public authority and notify the applicant of the transfer immediately.
WHAT IS THIRD PARTY INFORMATION? (SECTION 11)
• In the context of the Act, a third party is someone who is not the citizen who has made the request for information. A public authority other than the one to which the request has been made is included in the definition of third party.
SECTION 11:
1. Where a Public Information Officer intends to disclose any information on a request made under this Act that relates to or has been supplied by a third party and has been treated as confidential by that third party, the Public Information Officer shall give the third party written notice of the request and the fact that Public Information Officer intends to disclose the information within five days of receipt of the request, and invite the third party to a meeting with the Public Information Officer. Except in the case of legally protected trade or commercial secrets, disclosure may be permitted if the public interest in disclosure outweighs any potential harm or injury to a third party's interests.
2. If a notice is served by the Public Information Officer, a third party has ten days from the date of receipt of the notice to make a representation in opposition to the proposed disclosure.
3. If the third party has been given an opportunity to make representation under sub-section (2), the Public Information Officer shall make a decision on whether or not to disclose the information within forty days of receipt of the request for information and notify the third party in writing of his decision.
IS THERE ANY ORGANIZATION(S) EXEMPT FROM PROVIDING INFORMATION UNDER RTI ACT?
• Yes, certain intelligence and security organisations listed in the Second Schedule are exempt from disclosing information, with the exception of allegations of corruption and human rights violations. If the information sought is in relation to allegations of human rights violations, the information will be provided only after the Information Commission has given its approval. Such information must be provided within 45 days of the date of receipt of the request.
SECTION 18:
1. It is the responsibility of the Central Information Commission or the State Information Commission, as the case may be, to receive and investigate any complaint-
a. Who has been unable to submit a request to a Central Public Information Officer or a State Public Information Officer, as the case may be, either because no such officer has been appointed under this Act, or because a Public Information Officer has refused to accept his or her application for information or appeal under this Act for forwarding to the Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Irrigation Board
b. Who has been denied access to any requested information under this Act
c. Who has not received a timely response to a request for information or access to information under this Act?
d. Who has been required to pay a fee that he or she believes is excessive
e. Anyone who believes that under this Act, he or she has been given incomplete, misleading, or false information
f. In relation to any other matter relating to the request or receipt of records under this Act.
2. The Information Commission may launch an investigation into a matter if it is satisfied that there are reasonable grounds to do so.
3. Inquiring into any matter under this section, the Information Commission shall have the same powers as a civil court when trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters:
a. Summoning and requiring the attendance of individuals, as well as compelling them to give oath oral or written testimony and produce documents or things
b. Requiring document discovery and inspection
c. Receiving affidavit evidence
d. Obtaining a public record or copies of a public record from any court or office
e. Issuing summons for witnesses or documents to be examined
f. Any other matter that the court may deem necessary.
4. During the investigation of any complaint under this Act, the Information Commission may examine any record that is under the control of a public authority and to which this Act applies.
Section 19:
1. Any person who does not receive a decision within the time specified or who is aggrieved by a decision of the Public Information Officer may file an appeal with the officer who is senior in rank to the Central Public Information Officer or State Public Information Officer, as the case may be, in each public authority within thirty days of the expiration of such period or receipt of such a decision. If the appellant was prevented from filing the appeal within the thirty-day period by sufficient cause, such officer may admit the appeal after the thirty-day period has expired.
2. If a third party files an appeal against a Public Information Officer's order to disclose third party information, the third party must file the appeal within thirty days of the order's date.
3. A second appeal against a decision made under subsection (1) must be filed with the Central Information Commission or the State Information Commission within ninety days of the date on which the decision should have been made or was actually received. The Information Commission may admit the appeal after the ninety-day period has expired if it is satisfied that the appellant was prevented from filing the appeal in time by sufficient cause.
4. If the Public Information Officer's decision affects information belonging to a third party, the Information Commission must provide that third party with a reasonable opportunity to be heard.
5. In any appeal proceedings, the Public Information Officer who denied the request bears the burden of proving that the denial was justified.
6. An appeal must be decided within thirty days of its receipt, or within such extended period not exceeding forty-five days from the date of filing, with written reasons.
7. The Central Information Commission's or State Information Commission's decision, as the case may be, is final.
8. The Information Commission has the authority to make the following decisions in its decision:
a. Compel the public authority to take whatever steps are necessary to ensure that the Act's provisions are followed
b. Demand that the public authority compensate the complainant for any loss or other harm he or she has suffered
c. Apply any of the penalties set forth in this Act
9. The Information Commission must notify the complainant and the public authority of its decision, including any right of appeal.
SECTION 20:
• If the Information Commission finds that the Public Information Officer has refused to receive an application for information without reasonable cause, or has not furnished information within the time specified, or has malafidely denied the request for information, or has knowingly given incorrect information, destroyed information, or obstructed in any way in furnishing the information, it will impose a penalty of 250 rupees per day.
• Before any penalty is imposed, the Public Information Officer must be given a reasonable opportunity to be heard. Before any penalty is imposed on an officer, he must be given a reasonable opportunity to be heard:
A. The Public Information Officer will bear the burden of proving that he acted reasonably and diligently.
B. The Information Commission may also recommend that the Public Information Officer be disciplined under the service rules that apply to him.
RIGHT TO INFORMATION VS RIGHT OF NON-DISCLOSURE
• The Indian Evidence Act (Sections 123, 124, and 162) contain provisions that prevent the disclosure of documents.
a. Under these provisions, the head of department may refuse to provide information on state affairs, and only swearing that the information is a state secret will entitle them to do so.
b. In a similar vein, no public official may be forced to reveal communications made in confidence to him.
• The Atomic Energy Act of 1912 makes it illegal to reveal information that is restricted by the federal government.
• The Central Civil Services Act states that a government employee may not communicate or share official documents unless the government issues a general or special order.
• The Official Secrets Act of 1923 allows any government official to mark a document as confidential in order to keep it from being published.
RIGHT TO INFORMATION VS RIGHT TO PRIVACY
• RTI and the right to privacy are complementary as well as antagonistic from a conceptual standpoint. While the right to information expands access, the right to privacy protects it.
• At the same time, they both serve as citizen rights that protect liberty from government overreach. When the issue of reconciling conflicting rights arises, it should be done in the larger public interest and in the interest of public morality.
RIGHT TO INFORMATION VS OFFICIAL SECRETS ACT
• The OSA was enacted by the British in 1923 to keep certain types of information secret, including but not limited to information pertaining to state affairs, diplomacy, national security, espionage, and other state secrets.
a. In the event of a conflict between the two laws, the RTI Act's provisions take precedence over the OSA's.
b. Section 22 of the RTI Act states that its provisions will take effect despite anything in the OSA that contradicts them.
c. Similarly, a public authority may allow access to information covered by the OSA under Section 8(2) of the RTI Act "if the public interest in disclosure outweighs the harm to the protected interest."
RIGHT TO INFORMATION AND POLITICAL PARTIES
• The Central Information Commission (CIC), which includes Satyanand Mishra, M.L. Sharma, and Annapurna Dixit, has ruled that political parties are public authorities subject to the RTI Act and must answer to citizens.
• According to the CIC, a quasi-judicial body, six national parties – the Congress, the BJP, the NCP, the CPI (M), the CPI and BSP, and the BJD – have been substantially funded indirectly by the Central Government and have the status of public authorities under the RTI Act because they perform public functions.
• Political parties are now excluded from the definition of public authorities, and thus from the scope of the RTI Act, thanks to the RTI Amendment Bill 2013.
WHY POLITICAL PARTIES SHOULD BE UNDER THE RTI ACT?
1. Including political parties in the RTI act will help to keep corruption at bay.
2. Huge corporate donations that lead to favouritism or crony capitalism can be monitored.
3. Illegal and legal foreign contributions can be distinguished.
4. Because the leader of the opposition is required by law to serve on select committees to select the Chairpersons of the CIC, Lokpal, CBI Director, and CVC, the act cannot be used for political witch-hunting. Various opposition members are also members of various parliamentary committees.
5. Politicians benefit from a variety of government benefits such as reduced office space, free airtime on DD and AIR, all of which are funded directly or indirectly by public funds.
WHY POLITICAL PARTIES RESIST THEIR INCLUSION UNDER THE RTI ACT?
1. Political parties argue that they are not public authorities and thus are not subject to the RTI Act.
2. Political parties believe that the disclosed information could be misappropriated, particularly for political purposes, jeopardising the smooth operation of parliamentary democracy.
3. Because the IT Act allows political parties to disclose financial information, there is no need to create redundancy under RTI.
THE RIGHT TO INFORMATION (AMENDMENT) BILL, 2019
• On July 25, 2019, parliament passed the Right to Information (Amendment) Bill, 2019. It aims to change the 2005 Right to Information Act. The following are some of the Bill's key features:
1. Information Commissioners' Terms: The Act appoints Chief Information Commissioners (CICs) and Information Commissioners (ICs) at the national and state levels to carry out the Act's provisions. According to the Act, the CIC and other ICs (appointed at the federal and state levels) will serve for a five-year term. The Bill repeals this provision and instead states that the CIC and ICs will be notified of their terms of office by the central government.
2. Salary determination: According to the Act, the salaries of the CIC and ICs (at the central level) will be equal to those of the Chief Election Commissioner and Election Commissioners, respectively. Similarly, the CIC and ICs (at the state level) will be paid the same as the Election Commissioners and the Chief Secretary to the state government. The Bill seeks to change these provisions to state that the central and state CIC and ICs' salaries, allowances, and other terms and conditions of service will be determined by the central government.
3. Salary deductions: The Act states that if the CIC and ICs (at the federal and state levels) are receiving a pension or other retirement benefits for previous government service, their salaries will be reduced by an amount equal to the pension at the time of their appointment. Previous government service includes: I service with the federal government, (ii) service with the state government, (iii) service with a corporation established under federal or state law, and (IV) service with a government company owned or controlled by the federal or state government. These provisions are removed from the bill.