The Right to Information
Act, 2005:
Raj Nandan Kumar
[Link]. (Hons.)Electronics
1624042
Contents.....
.
Introduction
Objectives
Definitions
Need and Coverage
Exemptions from Disclosure of Information
Procedure for requesting Information
Fees / Charge / Time limit to get information
Appeal
Penalties
Right to
Information Act
• Enacted by: Parliament of India
• Enacted on: 15-June-2005
• Assented to: 22-June-2005
• Commenced from: 12-October-2005
• Territorial extent: Whole of India also Jammu and
Kashmir since August 5, 2019 after Article 370 revoked.
• R.T.I replaced Freedom of Information Act , 2002.
Right to Information Act
Right to Information Act 2005 mandates timely response to citizen requests
for government information
It is an initiative taken by Department of Personnel and Training, Ministry of
Personnel.
The "right to information" means the right to obtain information
under the control of any public authority, which includes the right to
inspect work and documents, take notes and certified copies, and
get information in electronic formats.
Objectives
Objectives of the RTI Act, 2005
To empower the citizens, promote transparency and accountability in the working of the
Government, contain corruption, and make our democracy work for the people in real
sense.
The Act is a big step towards making the citizens informed about the activities of
the Government.
To promote transparency and accountability in the functioning of every public
authority.
Provides a legal framework of citizens' democratic right to access to
information under the control of public authorities;
Definitions
Public Authority: Public Authority means any Information: Any material in any form
authority or body or institution established or including,
constituted; • Records
• By or under the constitution. • Documents
• By any other law made by Parliament. • Memos
• By any other law made by State Legislature. • Opinions and advices
• By notification issued or order made by the
appropriate government and includes any body Press releases
owned, controlled or substantially financed,non- • Circulars, orders and logbooks
Government organization substantially financed • Contracts
directly or indirectly by funds provided by the • Reports, papers, samples and models,
appropriate Government. • Data material held in any electronic form and
information related to any private body which
can be assessed by public authority.
Need for RTI Act
• Promote openness, transparency and
accountability in the working of every
public authority.
• Reduce Corruption
• Prevent administrative arbitrariness
• Bridging the gap between providers
and recipient of public services
• Make citizens part of decision making
• Make administrative responsive
• Strengthen the foundations of
democracy
Coverage of RTI
• RTI Act came into effect on 12th October 2005 Covers
central, state and local governments and all bodies
owned, controlled or substantially financed by the
respective Governments; Section 2(h).
• Non-government organization substantially financed
directly or indirectly by funds provided by the
appropriate government. Section 2 (e).
• Executive, judiciary and legislature Includes
information relating to private body which can be
accessed by under any other law for the time being in
force. Section 2 (f).
Time limits to get the information
• 30 days if application is filed with the PIO.
• 35 days in case it is filed with the Assistant PIO.
• 48 hours in case the matter to which the information
pertains affects the life and liberty of an individual.
FEES AND CHARGES
• Processing expenses incurred by the Public Information officer to be
intimated in writing.
• Applicant can seek review of the decision on fees charged by the PIO
by applying to the appropriate Appellate Authority;
• No fees from people living below the poverty line.
• Free of cost if the PIO fails to comply within the time limit as prescribed
under the RTI Act.
Exemptions from Disclosure of Information
• Sovereignty and Integrity of Exempted Organizations
India,
• Prevented by courts, • The Intelligence Bureau of India (IB),
• Breach of privilege of • Central Economic Intelligence
Parliament, Bureau,
• Trade secret • Directorate of Enforcement,
• Information received from • Narcotic Control Bureau,
foreign Government, • Aviation Research Centre,
• Life and physical safety of any • Special Frontier Force,
• The Border Security Force is India
person,
(BSF),
• Issues under investigation,
• The Central Reserve Police Force
• Cabinet papers, (CRPF) of India,
• Invasion in privacy.
Procedure for requesting information
Apply in writing or through electronic means in English or Hindi or in the
official language of the area, to the Public Information Officer [PIO], specifying
the particulars of the information sought for.
Reason for seeking information are not required to be given;
Pay fees as may be prescribed.
Conclusion: RTI – The Citizen's
Tool for Accountability
Transformative Impact Citizen Empowerment
The RTI Act, 2005, has fundamentally By empowering citizens to hold
transformed governance by making governments accountable, RTI serves
information accessible, transparent, and as a powerful weapon against
actionable for every citizen. corruption and inefficiency.
Democratic Strengthening
As a living law that continues to evolve, RTI strengthens India's democracy, upholds the
rule of law, and ensures participatory governance.
The Right to Information Act stands as a testament to India's commitment to transparent
governance and citizen empowerment, serving as a model for democratic accountability
worldwide.
REFERENCES
• Government of national capital territory of
India
.
• NITI Aayog
• Wikipedia
• RTI Online