MILLIA FAKHRUDDIN ALI AHMAD B.Ed. TEACHER'S TRAINING COLLEGE

Right to Information (RTI) Act, 2005

The Right to Information (RTI) Act, 2005, in India is a landmark legislation that empowers citizens to access information from public authorities. It aims to promote transparency and accountability in governance.

  • Empowerment of Citizens:It empowers citizens by giving them access to information held by government bodies.
  • Promotes Transparency and Accountability: The primary goal is to ensure openness in the functioning of public authorities and hold them accountable
  • Combats Corruption: It acts as a crucial tool to expose and prevent corruption in public administration.
  • Strengthens Democracy: By fostering an informed citizenry, it strengthens democratic principles and promotes participatory governance.

  • Covers Public Authorities: The Act applies to all constitutional authorities (executive, legislature, and judiciary and any institution or body established, constituted, owned, controlled, or substantially financed by the Central or State Government.
  • Includes NGOs: Non-Governmental Organizations (NGOs) substantially financed, directly or indirectly, by government funds also fall under its purview.
  • Information Definition: "Information" is broadly defined to include records, documents, memos, emails, opinions, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material in electronic form, and information relating to a private body that can be accessed by a public authority under any other law.

  • Fundamental Right: The Right to Information is considered a fundamental right under Article 19(1)(a) of the Indian Constitution (Freedom of Speech and Expression), as it's essential for citizens to be informed to exercise their free speech.
  • Types of Information: Citizens can seek information on government policies, decisions, initiatives, records, documents, and can inspect works, take notes, extracts, or certified copies of documents and records, and even obtain certified samples of materials.
  • No Reason Required: Applicants are not required to give reasons for seeking information, nor do they need to provide any personal details other than contact information.

  • Designation: Every public authority is mandated to designate Central Public Information Officers (CPIOs) or State Public Information Officers (SPIOs) to handle requests for information.
  • Assistant PIOs: Assistant Public Information Officers are designated at sub-divisional or sub-district levels to receive applications.

  • General Cases: Information must generally be provided within 30 days of receiving the request.
  • Life and Liberty Cases: If the information concerns the life or liberty of a person, it must be provided within 48 hours.
  • Transfers: If an application is transferred to another public authority, an additional five days are added to the time limit.

  • The Act specifies certain categories of information that are exempt from disclosure, including.
  • Information prejudicial to national security, sovereignty, or integrity of India.
  • Information that would impede the process of investigation or apprehension of offenders.
  • Commercial confidence, trade secrets, or intellectual property (unless larger public interest warrants disclosure).
  • Personal information where disclosure would invade privacy (unless there is a larger public interest).
  • Information received in confidence from a foreign government.
  • Public Interest Override: Even if information falls under an exemption, it can be disclosed if the public interest in disclosure outweighs the harm to the protected interest.

  • First Appeal: If an applicant is not satisfied with the PIO's decision or does not receive a response within the stipulated time, they can file a first appeal to a senior officer within the same public authority.
  • Second Appeal: A second appeal can be filed with the Central Information Commission (CIC) or State Information Commission (SIC) if dissatisfied with the first appellate authority's decision.

  • Constitution: The Act provides for the constitution of a Central Information Commission (CIC) and State Information Commissions (SICs) as independent bodies.
  • Powers: These commissions have wide-ranging powers, including inquiring into complaints, ordering disclosure of information, and imposing penalties. They have the powers of a civil court.

  • For PIOs: The Act imposes penalties on PIOs for unreasonable refusal to provide information, providing incomplete, incorrect, or misleading information, or for persistent delays. The penalty can be up to Rs. 250 per day, with a maximum of Rs. 25,000.
  • Disciplinary Action: The Information Commission can also recommend disciplinary action against a defaulting PIO.

  • Obligation of Public Authorities: The Act mandates that every public authority should proactively disclose certain categories of information (e.g., organizational structure, functions, duties, decision-making processes, rules, regulations, details of PIOs) to the public at regular intervals, including through the internet, to minimize the need for formal requests.
  • Record Management:Public authorities are required to maintain all their records duly catalogued and indexed and to computerize records where appropriate.

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