abhishreshthaa
Abhijeet S
The Right to Information (RTI) is guaranteed to the citizens of India after the RTI Act (Act No 22/2005) was enabled by the Indian Parliament in 2005. Under this Act, the citizens of India can gain access to records of the Central and State governments. It empowers citizens to check government files and take copies of official records. Therefore, citizens can now demand information from any ‘public authority’ and expect a reply within thirty days.
The Act also requires all public authorities to computerise all records and files, and publish certain categories of information so that dissemination of information to citizens can be easier.
The Act can be used in all States and Union Territories of India, except for the State of Jammu and Kashmir. However, all citizens (including those from J&K) are empowered to benefit from the Act.
The RTI Act ensures the following rights:-
• Ask any questions from the Government or seek any information
• Take copies of any government documents
• Inspect any government documents.
• Inspect any Government works
• Take samples of materials of any Government work.
Under the Act, all public authorities must appoint their Public Information Officer (PIO). Any citizen of India may submit a request to the PIO for information in any format, paper or electronic. A PIO must provide information within 30 days of receiving the application. It is the PIO's responsibility to ensure that the information is obtained from the appropriate department or section.
For Central Government Departments, there is an application fee of Rs 10. However, different states have prescribed different fee. For getting information, one has to pay Rs 2 per page of information provided for Central Government Departments. This too, is different for different states
If the request pertains to another public authority (in whole or part) it is the PIO's responsibility to transfer/forward the concerned portions of the request to a PIO of the other within 5 days.
A PIO can refuse information on 11 subjects that are listed in section 8 of the RTI Act. These include information received in confidence from foreign governments, information prejudicial to security, strategic, scientific or economic interests of the country, breach of privilege of legislatures, etc.
There is a list of 18 agencies given in second schedule of the Act to which RTI Act does not apply. However, they also have to give information if it relates to matters pertaining to allegations of corruption or human rights violations.
In addition, the every public authority is required to designate Assistant Public Information Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority. The APIO must provide information within 35 days of receiving the application. In the case of all Central Government Departments, 629 post offices have been designated as APIO and it is the responsibility of that post office to deliver it to the right PIO.
Information about Human Rights Violations by the security forces must be provided within 45 days, with the approval of the Central Information Commission (CIC). If the life or liberty of an individual is at stake, then a response is expected within 48 hours.
If concerned officer does not provide information in time, a penalty of Rs 250 per day of delay can be imposed by the Information Commissioner. If the information provided is false, a penalty of a maximum of Rs 25000 can be imposed. A penalty can also be imposed for providing incomplete or for rejecting your application for malafide reasons. This fine is deducted from the officer’s personal salary.
If the applicant believes that the information is not satisfactory he/she can file a ‘first appeal’ with the First Appellate Officer (also appointed in every public authority), who is senior to a PIO within thirty days of receiving information. If the information provided after the first appeal is not satisfactory, the applicant can file a ‘second appeal’ with the Central Information Commission within 90 days of receiving a response from the FAO. A second appeal is the last option under the RTI Act to get the information requested.
It is important to know that the Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression. In the Raj Narain v/s State of Uttar Pradesh case the Supreme Court had said that people cannot express themselves unless they know. Therefore the Right to Information goes hand in hand with the Freedom of Speech and Expression. (Not important)
Before the Parliament passed the RTI Act in 2005, nine states had their own provisions to the Right to Information. These states are Delhi, Tamil Nadu, Rajasthan, Goa, Maharashtra, Assam, Karnataka, Jammu and Kashmir and Madhya Pradesh. These State provisions with the exception of those in Delhi and J&K are now void. Since the Central RTI Act isn’t applicable in J&K, its citizens have to utilise the State RTI Act.
The Act also requires all public authorities to computerise all records and files, and publish certain categories of information so that dissemination of information to citizens can be easier.
The Act can be used in all States and Union Territories of India, except for the State of Jammu and Kashmir. However, all citizens (including those from J&K) are empowered to benefit from the Act.
The RTI Act ensures the following rights:-
• Ask any questions from the Government or seek any information
• Take copies of any government documents
• Inspect any government documents.
• Inspect any Government works
• Take samples of materials of any Government work.
Under the Act, all public authorities must appoint their Public Information Officer (PIO). Any citizen of India may submit a request to the PIO for information in any format, paper or electronic. A PIO must provide information within 30 days of receiving the application. It is the PIO's responsibility to ensure that the information is obtained from the appropriate department or section.
For Central Government Departments, there is an application fee of Rs 10. However, different states have prescribed different fee. For getting information, one has to pay Rs 2 per page of information provided for Central Government Departments. This too, is different for different states
If the request pertains to another public authority (in whole or part) it is the PIO's responsibility to transfer/forward the concerned portions of the request to a PIO of the other within 5 days.
A PIO can refuse information on 11 subjects that are listed in section 8 of the RTI Act. These include information received in confidence from foreign governments, information prejudicial to security, strategic, scientific or economic interests of the country, breach of privilege of legislatures, etc.
There is a list of 18 agencies given in second schedule of the Act to which RTI Act does not apply. However, they also have to give information if it relates to matters pertaining to allegations of corruption or human rights violations.
In addition, the every public authority is required to designate Assistant Public Information Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority. The APIO must provide information within 35 days of receiving the application. In the case of all Central Government Departments, 629 post offices have been designated as APIO and it is the responsibility of that post office to deliver it to the right PIO.
Information about Human Rights Violations by the security forces must be provided within 45 days, with the approval of the Central Information Commission (CIC). If the life or liberty of an individual is at stake, then a response is expected within 48 hours.
If concerned officer does not provide information in time, a penalty of Rs 250 per day of delay can be imposed by the Information Commissioner. If the information provided is false, a penalty of a maximum of Rs 25000 can be imposed. A penalty can also be imposed for providing incomplete or for rejecting your application for malafide reasons. This fine is deducted from the officer’s personal salary.
If the applicant believes that the information is not satisfactory he/she can file a ‘first appeal’ with the First Appellate Officer (also appointed in every public authority), who is senior to a PIO within thirty days of receiving information. If the information provided after the first appeal is not satisfactory, the applicant can file a ‘second appeal’ with the Central Information Commission within 90 days of receiving a response from the FAO. A second appeal is the last option under the RTI Act to get the information requested.
It is important to know that the Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression. In the Raj Narain v/s State of Uttar Pradesh case the Supreme Court had said that people cannot express themselves unless they know. Therefore the Right to Information goes hand in hand with the Freedom of Speech and Expression. (Not important)
Before the Parliament passed the RTI Act in 2005, nine states had their own provisions to the Right to Information. These states are Delhi, Tamil Nadu, Rajasthan, Goa, Maharashtra, Assam, Karnataka, Jammu and Kashmir and Madhya Pradesh. These State provisions with the exception of those in Delhi and J&K are now void. Since the Central RTI Act isn’t applicable in J&K, its citizens have to utilise the State RTI Act.