abhishreshthaa
Abhijeet S
The Act replaces the Freedom of Information Act (FOI Act), which was passed in 2002 and received the Presidential accent in January. Unfortunately, the FOI Act did not have enough teeth. Moreover, no date of commencement of the FOI Act was provided, as a result the provisions of FOI Act were never implemented, and it remained a non-starter.
The National Advisory Council deliberated on the issue and suggested certain important changes to be incorporated in the FOI Act to ensure smoother and greater access to information. The Government examined the suggestions made by the National Advisory Council and others and decided to make a number of changes in the law.
The important changes proposed to be incorporated, inter alia, include establishment of an appellate machinery with investigating powers to review decisions of the Public Information Officers, penal provisions for failure to provide information as per law, provisions to ensure maximum disclosure and minimum exemptions, consistent with the constitutional provisions, and effective mechanism for access to information and disclosure by authorities, etc.
In view of significant changes proposed in the FOI Act, the Government decided to repeal the Freedom of Information Act, 2002. The new Act comes into force 120 days after its enactment, which is quite an achievement, considering the fact that the FOI Act did not specify any date for its own commencement, and thus never saw the light of the day.
The Act declares unequivocally that subject to the provisions of this Act, all citizens shall have the right to information. (S.3) One far reaching effect of the Act is to reduce the force of the Official Secrets Act, a Act which has existed since 1923, and which should have been scrapped at the time India became independent of the British rule, and established a democratic system of Government.
The Act declares that the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Moreover, no court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.
The National Advisory Council deliberated on the issue and suggested certain important changes to be incorporated in the FOI Act to ensure smoother and greater access to information. The Government examined the suggestions made by the National Advisory Council and others and decided to make a number of changes in the law.
The important changes proposed to be incorporated, inter alia, include establishment of an appellate machinery with investigating powers to review decisions of the Public Information Officers, penal provisions for failure to provide information as per law, provisions to ensure maximum disclosure and minimum exemptions, consistent with the constitutional provisions, and effective mechanism for access to information and disclosure by authorities, etc.
In view of significant changes proposed in the FOI Act, the Government decided to repeal the Freedom of Information Act, 2002. The new Act comes into force 120 days after its enactment, which is quite an achievement, considering the fact that the FOI Act did not specify any date for its own commencement, and thus never saw the light of the day.
The Act declares unequivocally that subject to the provisions of this Act, all citizens shall have the right to information. (S.3) One far reaching effect of the Act is to reduce the force of the Official Secrets Act, a Act which has existed since 1923, and which should have been scrapped at the time India became independent of the British rule, and established a democratic system of Government.
The Act declares that the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Moreover, no court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.