top of page

Right To Information Act,2005

Updated: Aug 16, 2021

Written by- Bodapati Yasaswini, Pakala Chaitanya Sai




Introduction


Right to Information (RTI) is associate degree Act of the Parliament of India to produce for starting up the sensible regime of right to information for voters and replaces the erstwhile Freedom of knowledge Act, 2002. Under the provisions of the Act, any subject of India might request data from a “public authority” that is needed to reply with efficiency within thirty days.


The Act conjointly needs each and every public authority to computerize their records dissemination and to the proactively certain classes of knowledge so the citizens would like minimum recourse to request for information formally. This law was glided by Parliament on fifteen June 2005 and came totally into force on twelve Gregorian calendar month 2005. The primary application was given to a for wide Pune station. The Right to Information Act 2005 is applicable in every part of the country except the state of Jammu and Kashmir.


The main features of the Act are:


1.Every citizen in India have right to information.


2. Act defines information in very broad manner. It includes any material in any kind, as well as records, documents, memos, e-mails, opinions, advice, press releases, circulars, orders, logbooks, models, information material control in any electronic form, and information about any personal body which might be accessed by a public authority underneath the other law for the nonce in effect.


3.Act defines record as


(i) any document, manuscript, or file;

(ii) any microfilm. Microfiche, or facsimile copy of any document;

(iii) any replica of image or pictures, and

(iv) any alternative material made by a computer or any other device.


4. Right to information is that thee right to access information beneath this act, which is or under the control of any public authority and also which includes the right to:


i. examines work, documents, or records;

ii. take notes, extracts, certified copies of documents or records;

iii. take certified samples of material and

iv. information obtained within the variety of diskettes, floppies, tapes, video cassettes, or in any other electronic mode or through printouts wherever such data is kept in a computer or in the other device.


5. Public authority suggests that any authority or body or institution of self government established or constituted:


i. by or underneath the Constitution;

ii. by any other law created by the Parliament;

iii. by any other law created by the State Legislature; and

iv. by notification issued or order created by the appropriate Government and includes any body owned , controlled, or substantially financed;


6. Advocates proactive revealing by public authorities.


7. Lays down implementation mechanism by approach of appointment of Public information Officers (PIOS), Appellate officers in all public authorities, whereas stipulating time limit for disposing request for information and putting up of Information Commissions in center and states.


8. It prescribes the method for getting information and disposal of requests. The application under RTI can be submitted in writing or electronically in English or Hindi or in their own official language of the area or region in which that thee application is being created, with a prescribed fee, to the PIO or Assistant Public Information Officer (APIO).


9. It constructs two- tier mechanism for appeal. The primary appeal is made to an officer within the organization, who is senior in rank to the PIO. The second attractiveness is made to the Information Commission.


Issues in the process of Implementation of the RTI Act 2005

Issues faced by data Seekers:


• Awareness regarding RTI in rural population among women, and underprivileged sections of Society OBC/SC/ST-is low.


• Constraints in filing RTI applications, which are due to:


i. Non-availability of User Guides;

ii. Absence of collection for locating the involved public PIO at a public authority;

iii. Multiple visits to the PIO’s workplace for submission of RTI application; and

iv. Non-friendly perspective of the PIOS.


• More than seventy five per cent of voters were discontented with the standard of information being provided.


Issues faced by the PIOs and public authorities are:


• Failure to produce information at intervals stipulated time due to inadequate record management and absence of necessary infrastructure like computers, scanners, photocopiers, and net property.


• Inadequate number of trained PIOS and Appellate Authorities. The survey revealed that solely fifty five per cent of surveyed PIOS had received RTI coaching.


Case Laws on Right to Information Act :


1. Adesh Kumar v. Union of India [1]


In the case, the Petitioner was aggrieved by the denial of information under the RTI ACT by the Public Information Officer who is concerned in the case. FIR was lodged against the Petitioner during the tenure of his service and subsequently, a charge sheet, against the Petitioner has been submitted. On receipt of charge sheet, the Petitioner applied for the information under the RTI ACT pertaining to sanction of prosecution against him.


However, CPIO rejected the requested information and claimed that there was no obligation to provide the same by the virtues of Section 8(1)(h) of the RTI Act.


The Delhi High Court while the dismissal of the Petitioner’s plea in the case held that the impugned provision prohibits from furnishing of the information which would impede the process of investigation or apprehension or prosecution of offenders.


However, the court held that merely, citing that the information is exempted under[2], would not absolve the public authority from discharging it’s onus as required to claim such exemption.


The Delhi High court in the case further held that whether the information sought by the Petitioner is anywhere relevant or necessary, is not relevant or germane in the context of the Act, a citizen has their right to information.


2.Union of India and Anr. v. Central Information Commission and Anr[3](CIC, 2017).


The Petitioner in the case challenged CICI’s ( Central Information Commission) order, whereby the CIC had declared “ the Ministers in the Union Government and all the State Government as ‘public authorities' under Section 2(h)[4]


Delhi High court’s order and observations – The Delhi High Court set aside CIC:s order in the case and opined that the directions issued by the CIC in the case was beyond the scope of CIC also there was no certainty for the CIC to enter upon the query as to whether a Minister is a ' public authority' under Section 2(h) of the Act.


Conclusion


The Right to Information Act,2005 provides for the right to information for all the citizens from the public authorities. It also promotes the transparency and also accountability among the public authority. One of the major provisions under this Act are constitution and functions of and State Information Commissions, designation of the public information officers, disposal of request, grounds of rejection exemption from disclosure of information, third party information, penalty and appeal procedures for it are given under the Right to Information Act.



[1] W.P.(C) No.3543/2014. [2] Right to Information Act ,2005(Act 22 of 2005),Section 8 (1)(h). [3]W.P.(C) 5636/2016 and CM No. 23383/2016. [4] Right to Information Act,2005(Act 22 of 2005) Section 2 (h)

16 views0 comments

Recent Posts

See All

Comentarios


bottom of page