WRIT OF INFORMATION ACT

 

WRIT OF INFORMATION ACT

 INTRODUCTION

          RTI act is most revolutionary act which empowered Indian citizens to seek information directly from the Government/ public authorities. The 3 key blocks of Right to Information Act, 2005 are responsibility, transparency and accountability. Right to information act, 2005 is an extension of Freedom of information act, 2002 enacted by parliament of India. Under RTI Act, it is mandatory for public Authorities to provide sought by the citizens within prescribed time limit (within 30 days) else these are provisions of monetary / other penalties.

Under right to information act only bonafide citizens of India can seek information from public authorities.RTI act covers Govt of India, all states of Indian Union (excluding state of Jammu & Kashmir) & union territories of India. State of Jammu & Kashmir is covered under separate act called J&K Right to information Act. Right to information act covers 3 pillars of democracy i.e. Execution, Judiciary & legislature. Unfortunately the 4th pillar of Indian democracy i.e. media is out of preview of RTI. RTI act also cover all institutions, body or authority either created by Govt notification/order or financed by Govt including Privatized public utility companies like State Discoms etc.

Who is covered? The Act extends to the whole of India except the State of Jammu and Kashmir. [S. (12)]

What does information mean? Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force but does not include "file notings" [S.2(f)].

 What does Right to Information mean? It includes the right to - inspect works, documents, and records. Take notes, extracts or certified copies of documents or records. Take certified samples of material. Obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts. [S.2 (j)]

Background of Right to Information in India

Some Landmarks in the RTI Journey

1975: Supreme Court of India rules that the people of India have a right to know. 1982: Supreme Court rules that the right to information is a fundamental right. 1985: Intervention application in the Supreme Court by environmental NGOs following the Bhopal gas tragedy, asking for access to information relating to environmental hazards.

1989: Election promise by the new coalition government to bring in a transparency law.

1990: Government falls before the transparency law can be introduced.

 1990: Formation of the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan and the launching of a movement demanding village level information.

1996: Formation of the National Campaign for People‘s Right to Information (NCPRI).

1996: Draft RTI bill prepared and sent to the government by NCPRI and other groups and movements, with the support of the Press Council of India.

1997: Government refers the draft bill to a committee set up under the Chairmanship of HD Shourie.

 1997: The Shourie Committee submits its report to the government.

 1999: A cabinet minister allows access to information in his ministry. Order reversed by PM.

 2000: Case filed in the Supreme Court demanding the institutionalization of the RTI.

 2000: Shourie Committee report referred to a Parliamentary Committee.

2001: Parliamentary Committee gives its recommendations

 2002: Supreme Court gives ultimatum to the government regarding the right to information.

2002: Freedom of Information Act passed in both houses of Parliament.

2003: Gets Presidential assent, but is never notified.

2004: National elections announced, and the ―strengthening‖ of the RTI Act included in the manifesto of the Congress Party.

May 2004: The Congress Party comes to power as a part of a UPA coalition government, and the UPA formulates a ―minimum common programme which again stresses the RTI.

7 June 2004: Government sets up a National Advisory Council (NAC) under Mrs. Sonia Gandhi.

August 2004: NCPRI sends a draft bill to the NAC, formulated in consultation with many groups and movements. NAC discusses and forwards a slightly modified version, with its Recommendations to the government.

December 2004: RTI Bill introduced in Parliament and immediately referred to a Parliamentary Committee. However, Bill only applicable to the central government.

Jan-April 2005: Bill considered by the Parliamentary Committee and the Group of Ministers and a revised Bill, covering the central governments and the state introduced in Parliament.

 May 2005: The RTI Bill passed by both houses of Parliament.

June 2005: RTI Bill gets the assent of the President of India

October 2005: The RTI Act comes into force. Right to Information and the connection between Indian Constitution The Right to information is a basic human right derived from Art 19(1) (a) of the constitution of India. It states, ―All the citizens have the right to the freedom of speech and expression and Art 21 deals with right to life of citizens. Constitution of India 1950 stated that the court has recognized the right to access of information from government department is fundam

 

Objective of Right to Information Act 2005

•        The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, Contain corruption, and make our democracy work for the people in real sense.
•       It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed.
•       The Act is a big step towards making the citizens informed about the activities of the Government.
•       The Information as we all know nowadays plays a very major like there is very famous say we all know that a piece of Information can change a life of a people . So if an individual seeks a information from a public authority which he or she legally authorized to get under Right To Information Act 2005 then 9 the public body have the duty to provide it Until and Unless it falls under Section 8 of the Act

Right to information act exclusions

1.     Central intelligence agencies like CBI, Directorate of Revenue Intelligence, DG of IT (investigation), Central Economic Intelligence Bureau, Directorate of enforcement, Narcotics control bureau & Aviation research centre.

2.     National Security agencies like IB, RAW etc.

3.     Special Forces /Criminal agencies like special frontier force , NSG,CIF,ITBP, CRPF, BSF, Assam Rifles, Special Service Bureau, Special Branch (CID)Andaman and Nicobar. Crime branch, CID,CID-CB& Special branch, Lakshadweep police.

4.     Agencies specified by the state Governments through a notification. It varies from state to state

5.     Only exceptions to above exclusions are charges of corruption and humans rights violations against these agencies. Corruption and Human rights violations are covered under right to information act. Information related to human rights violation can be given post approval from central/ state information commission.

RTI Act information exclusions

Under section 8 of the RTI ACT, 2005 Govt/public authorities are exempted from sharing following information:-

a)    Affecting sovereignty, integrity, security, strategic interest, scientific interest or economic interest of the state of India

b)    Affecting relation of state of India with foreign state

c)     Forbidden by any court of law in India.

d)    Breach of privilege of state assembly or parliament of India

e)     Intellectual property rights, copyrights, commercial confidence or trade secrets

f)       Available to a person in his fiduciary relationship, unless disclosure is required in larger public interest

g)    Received from foreign government

h)    Risk the life or physical safety of any person

i)       Impact or obstruct legal investigation

j)       Minutes of union cabinet meeting including discussion between ministers, secretaries of Govt officers

k)     Personal information i.e. breach of privacy

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES

          According to Section 4 of the RTI Act 2005 Every public authority shall Maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated. Publish within one hundred and twenty days from the enactment of this Act,—

i)                   The particulars of its organization, functions and duties;

ii)                 The powers and duties of its officers and employees;

iii)               The procedure followed in the decision making process, including channels of supervision and accountability;

iv)                The norms set by it for the discharge of its functions

v)                  The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

vi)                A statement of the categories of documents that are held by it or under its control;

vii)             The particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;

viii)           a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards; councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;

ix)                A directory of its officers and employees

x)                 The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;

xi)                The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;

xii)             The manner of execution of subsidy 7 Section 3 , Right To Information Act 2005 15 programmes, including the amounts allocated and the details of beneficiaries of such programmes;

xiii)           Particulars of recipients of concessions, permits or authorizations granted by it;

xiv)            Details in respect of the information, available to or held by it, reduced in an electronic form;

xv)              The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

xvi)            The names, designations and other particulars of the Public Information Officers;

xvii)         Such other information as may be prescribed and thereafter update these publications every year. Publish all relevant facts while formulating important policies or announcing the decisions which affect public. Provide reasons for its administrative or quasi-judicial decisions to affected persons.  It shall be a constant endeavor of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1)

-To provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.

- For the purposes of sub-section (1) every information shall be disseminated widely and in such form and manner which is easily accessible to the public.

- All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method 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 the print cost price as may be prescribed.

 

Salient features of RTI Act, 2005: 

1. Features that strengthened democracy:

ü Every citizen has right to claim information from public authorities under the act.

ü Public authorities have an obligation to provide the sought information to the applicants with certain restrictions related to national security, personal information and third party information.

ü Fee has been prescribed for seeking information to check fraudulent applications. However, persons below poverty line have been exempted from payment of fees.

2. Features leading to transparency:

ü A large amount of information has to be placed in the public domain by ways of manuals prescribed under the Act.

ü All the Government departments along with a number of bodies which receive substantial funding from the Government have been brought under the RTI.

3. Features leading to accountability:

ü RTI Act provides for setting up of Central Information Commission and State Information Commission. These Commissions act as the Second Appellate Authority and also exercise supervision and monitoring over the functioning of Public Information Officers.

ü Public authorities have to provide information as early as possible as but not later than 30 days (not later than 48 hours in the matters pertaining to life and liberty of an individual).

ü In case of delay, the Central Information Commission or the State Information Commission can impose a penalty. The Commission can also recommend disciplinary proceedings against the officials guilty of the not providing information with malafide intention.

ü In case of denial or not providing proper information an appellate structure has also been provided. First appeal lies with the First Appellate Authority nominated by the Department while the second appeal lies with the Central Information Commission or State Information Commission.

4. The Act relaxes the Official Secrets Act of 1889 which was amended in 1923 and various other special laws that restricted information disclosure in India. In other words, the Act explicitly overrides the Official Secrets Act and other laws in force as on 15 June 2005 to the extent of any inconsistency.

5. The Act also requires every public authority to computerise their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally. The Act, in particular, requires every public authority to publish 16 categories of information. This includes the particulars of its organization, functions and duties; powers and duties of its officers and employees; procedure followed in the decision making process; norms set for discharge of its functions; rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; etc.

6. The Act enumerates the types of information(s) that are exempted from disclosure. However, these exempted information(s) or those exempted under the Official Secrets Act can be disclosed if public interest in disclosure overweighs the harm to the protected interest. Also, the exempted information(s) would cease to be exempted if 20 years have lapsed after occurrence of the incident to which the information relates.

7. Penalty for refusal to receive an application for information or for not providing information is Rs. 250/- per day but the total amount of penalty should not exceed Rs. 25,000/-

 

Conclusion

Thus it can be rightly mentioned that Right to Information act is an agent of good governance and transparent government .It makes administration more accountable to the people. It makes people aware of administration and gives them an opportunity to take part in decision making process. It promoted democratic ideology by promoting openness and transparency in the administration. It reduces the chances of corruption and abuse of authority by public servants. Since the act is prepared for people‘s interest, hence it success also depends on how they exercise the act. Moreover, there is need active participation from people, NGO‘s, civil society groups, coordination among RTI officials, integrity among government departments and political will from government and elected leaders.