Salient Features of RTI Act 2005

Right to Information Act 2005 passed by Parliament of India on 15 June 2005 and came into force with effect from 12 October 2005.

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Right to Information Act 2005 passed by Parliament of India on 15 June 2005 and came into force with effect from 12 October 2005. The Act mandates timely response to citizen requests for government information. 

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  • Meaning of information: The act explains the type of information that can be accessed by the citizens. The act mentions the information as any material in any form, including records, documents, memos, e-mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and data material held in any electronic form. Information on private bodies which can be accessed by a public authority under any law, has also been included within the meaning of information.
  • Public Authority: The act defines the public authority as any authority or body or institution of self- government established or constituted— 
    • by or under the Constitution
    • by any other law made by Parliament
    • by any other law made by State Legislature
    • by notification issued or order made by the appropriate Government. 

Bodies which are owned, controlled or substantially financed by the government and the Non-governmental organisations which are substantially financed by the government are also included within the meaning of public authority. Bodies which are directly or indirectly established by funds provided by the government are also public authorities for the purpose of RTI Act.

  • Right to Information: All citizens have the right to access information which is under the control of any public authority. This right also includes inspection of works, documents, records or certified copies. The citizens can also obtain the information in electronic form.
  • Duties of public authorities: The public authorities are obligated to perform certain duties as per provisions of the act. 
    • Computerisation: The public authorities must ensure that all the information in respect to their organisations is computerised and connected to a network, within a reasonable time, for facilitation of access to information by the citizens. 
    • Suo motu disclosure: Certain information like the particulars of its organisation, functions and duties, the powers and duties of its officers and employees, the procedure followed in the decision making process including channels of supervision and accountability, the norms set by it for the discharge of its functions, the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions, among others, is to be made available to citizens Suo motu. This is called proactive disclosure of information so that citizens do not have to file repeated RTI applications for the same.
  • Public information Officers (PIO): Public authorities are required to appoint a central public information officer (CPIO) or state public information officer (SPIO), as the case may be, in all administrative offices to provide necessary information to citizens. These officers are required to assist citizens seeking information. Central assistant public information officer (CAPIO) and State assistant public information officer (SAPIO) are appointed at sub-divisional or sub-district level to receive applications and appeals under the RTI Act. Such applications and appeals are then forwarded to the CPIO or SPIO, as the case may be.
  • Establishment of CIC and SIC: The act provides for establishment of Central Information Commission at the Union level and State Information Commissions at the state levels. The Act also mentions powers and functions of the CIC and SICs.
  • Obtaining information: An application to obtain information can be made by any citizen by writing it on paper or through an electronic form and by paying requisite fee. If a citizen, who wants to obtain information is illiterate, the officer to whom the request for information is being made must assist such citizens in writing the application. A person requesting information is not required to disclose any personal information, except those which is necessary to contact such a person. In case of wrong addressal of an application by a citizen, the PIO has to transfer an application to a concerned public authority or department within five days. 
  • Disposal of application
    • Time bound disposal: The Public information Officer is duty bound to provide information within thirty days of receipt of application. In case of application related to life and liberty of a person, such application must be replied to by the PIO within 48 hours.
    • Penalty for delay: Each day of undue delay in providing information may cost from rupees 250 to rupees 2500 per day as a penalty. Such a penalty will be charged against an officer who is delaying the information. 
    • Rejection of Application: The PIO can also reject an application on the basis of subjects mentioned in the section 8 of the RTI Act. 
    • Information related to security agencies: Information regarding corruption and human rights violations by scheduled security agencies listed in the second schedule of the RTI Act is to be provided within forty five days but with prior approval of the central information commission. 
    • Severability clause: The act allows information for those parts of application which can be severed or separated from those parts which are exempted under section 8 of the RTI Act. 
    • The act also provides that information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

Subjects Mentioned in Section 8 of the RTI Act 2005

  • Information whose disclosure could negatively impact the sovereignty and integrity of India, as well as the state’s security, strategic, scientific, or economic interests, relationships with foreign nations, or provoke criminal activity.  
  • Information that has been specifically prohibited from publication by any court or tribunal, or whose disclosure might result in contempt of court. 
  • Information that could infringe upon the privileges of Parliament or the State Legislature if disclosed. 
  • Information encompassing commercial confidentiality, trade secrets, or intellectual property, the revelation of which could damage the competitive standing of a third party, unless the relevant authority determines that public interest necessitates revealing such information. 
  • Information accessible to an individual due to a fiduciary relationship, unless the relevant authority believes that public interest justifies the disclosure of this information. 
  • Information obtained in confidence from a foreign government. 
  • Information whose disclosure could jeopardize someone’s life or safety, or could reveal the identity of individuals who provided information or assistance confidentially for law enforcement or security purposes. 
  • Information that could obstruct the investigation, capture, or prosecution of offenders. 
  • Records of cabinet papers, including discussions held among the Council of Ministers, Secretaries, and other officials.  
  • Information relating to personal matters, the revelation of which bears no relevance to any public function or interest, or would result in an unwarranted intrusion into an individual’s privacy, unless the Central Public Information Officer, State Public Information Officer, or relevant appellate authority is convinced that larger public interest warrants such disclosure.

It should be noted that the public authority may allow access to information relating to above mentioned exempted subjects if the public interest in disclosure of such information outweighs harm to protected interests.

 

  • Appeals: While replying to an RTI Application, the PIO has to provide complete information to the applicant. PIO should not provide vague or incomplete information. 
    • First appellate authority: In cases where the applicant finds information as incomplete or vague or reasons for denial of information as inadequate, such an applicant can appeal to the First Appellate Authority. First appellate authority may condone PIO on reasonable grounds. The decision of the first appellate authority is binding on the PIO. 
    • Second appellate authority: If the applicant is not satisfied from the response of the first appellate authority, they can make an appeal to the Central Information Commission (CIC) or the State information commission (SIC), as the case may be. CIC or SIC act as second appellate authority. Second appellate authority is the final authority. However, if the applicant is not satisfied with the response from the second appellate authority, they may approach the supreme court or the high court through relevant writ petition.

 

Agencies mentioned in 2nd Schedule:

  • Intelligence Bureau
  • Research and Analysis Wing
  • Central Bureau of Investigation
  • Directorate of Revenue Intelligence
  • Central Economic Intelligence Bureau
  • Directorate of Enforcement
  • Narcotics Control Bureau
  • Special Frontier Force 
  • Border Security Force
  • Central Reserve Police Force
  • Indo-Tibetan Border Police
  • Central Industrial Security Force
  • National Security Guards
  • Assam Rifles
  • Sashtra Seema Bal
  • Directorate General of Income-tax (Investigation)
  • National Technical Research Organisation
  • Financial Intelligence Unit, India
  • Special Protection Group.
  • Defence Research and Development Organisation
  • Border Road Development Board
  • National Security Council Secretariat
  • National investigation Agency
  • National Intelligence Grid
  • Strategic Forces Command

As mentioned earlier, the exemption to the above organisations is not absolute as these organisations have an obligation to provide information relating to allegations of human right violations and corruption. Such information can only be divulged on the prior approval of the central information commission.

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