abhishreshthaa
Abhijeet S
Partial disclosure
Section 10 of the Act allows those part(s) of the record which are not exempt from disclosure and which can reasonably be severed from parts containing exempt information to be provided.
Exclusions
Central Intelligence and Security agencies specified in the Second Schedule like IB, RAW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights violation could be given but only with the approval of the Central or State Information Commission
Role of the government
Section 26 of the Act enjoins the central government, as also the state governments of the Republic of India (excluding J&K), to initiate necessary steps to:
• Develop educational programmes for the public especially disadvantaged communities on RTI.
• Encourage Public Authorities to participate in the development and organization of such programmes.
• Promote timely dissemination of accurate information to the public.
• Train officers and develop training materials.
• Compile and disseminate a User Guide for the public in the respective official language.
• Publish names, designation postal addresses and contact details of PIOs and other information such as notices regarding fees to be paid, remedies available in law if request is rejected etc.
Power to make rules
• The Central Government, State Governments and the Competent Authorities as defined in S.2(e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27 & S.28)
Who has the power to deal with the difficulties while implementing this act?
• If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30)
Effects
In the first year of National RTI, 42,876 (not yet official) applications for information were filed to Central (ie.Federal) public authorities. Of these 878 were disputed at the final appellate stage - the Central Information Commission at New Delhi. A few of these decisions have thereafter been mired in further legal controversy in the various High Courts of India. The first stay order against a final appellate decision of the Central Information Commission was granted on 3.May.2006 by the High Court of Delhi in WP(C)6833-35/2006 cited as "NDPL & Ors. versus Central Information Commission & Ors". The Government of India's purported intention in 2006 to amend the RTI Act was postponed after public disquiet.
Section 10 of the Act allows those part(s) of the record which are not exempt from disclosure and which can reasonably be severed from parts containing exempt information to be provided.
Exclusions
Central Intelligence and Security agencies specified in the Second Schedule like IB, RAW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights violation could be given but only with the approval of the Central or State Information Commission
Role of the government
Section 26 of the Act enjoins the central government, as also the state governments of the Republic of India (excluding J&K), to initiate necessary steps to:
• Develop educational programmes for the public especially disadvantaged communities on RTI.
• Encourage Public Authorities to participate in the development and organization of such programmes.
• Promote timely dissemination of accurate information to the public.
• Train officers and develop training materials.
• Compile and disseminate a User Guide for the public in the respective official language.
• Publish names, designation postal addresses and contact details of PIOs and other information such as notices regarding fees to be paid, remedies available in law if request is rejected etc.
Power to make rules
• The Central Government, State Governments and the Competent Authorities as defined in S.2(e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27 & S.28)
Who has the power to deal with the difficulties while implementing this act?
• If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30)
Effects
In the first year of National RTI, 42,876 (not yet official) applications for information were filed to Central (ie.Federal) public authorities. Of these 878 were disputed at the final appellate stage - the Central Information Commission at New Delhi. A few of these decisions have thereafter been mired in further legal controversy in the various High Courts of India. The first stay order against a final appellate decision of the Central Information Commission was granted on 3.May.2006 by the High Court of Delhi in WP(C)6833-35/2006 cited as "NDPL & Ors. versus Central Information Commission & Ors". The Government of India's purported intention in 2006 to amend the RTI Act was postponed after public disquiet.