Right to Information Act 2005 (सूचना का अधिकार अधिनियम)

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Right to Information Act 2005 mandates timely response to citizen requests for government information. It empowers the citizens for quick search of information on the details of first Appellate Authorities, PIOs etc. amongst others, besides access to RTI related information/ disclosures published on the web by various Public Authorities under the government of India as well as the State Governments. The nodal office for the implementation of is Department of Personnel and Training (DoPT).

Table of Content

1. Objectives of RTI
2. Salient Features of RTI
3. Important Sections of RTI
4. Impact of RTI
5. Implementation Challenges
6. Quiz based on RTI
7. Questions from CGPSC Mains Examinations

Objectives of RTI

Empower the citizens to keep necessary vigil on the instruments of governance Promote transparency and accountability in the working of the Government by containing corruption and making the democracy work for the people in real sense.
Making the citizens informed about the activities of the Government.

Salient Features of RTI

Eligibility: All citizens possess the right to information, and they can make request for any information related with the following bodies:
- Constitutional bodies at center and state (Legislature, Executive, Judiciary), bodies/NGOs owned/financed by government, privatized public utility companies.
- Intelligence and Security Agencies are excluded from the purview; however, the exclusion is not absolute.

3 Tier System– Public Information Officer (PIO) (जनसुचना अधिकारी), First Appellate Authority (प्रथम अपीलीय अधिकारी), State Information Commission (SIC) (राज्य सूचना आयोग).
- Central Information Commission (CIC) does not have jurisdiction over a State Information Commission.
- Any appeal against the SIC order can only filed in the High Court or Supreme Court.
Time Period:
- Public Information Officer has to provide the information sought expeditiously within 30 days from the date of receipt by public authority.
- The information sought has to be provided within 48 hours if it is related with someone’s life or liberty.
- Appeal: 30 days since limit of supply of information is expired for first appeal and 90 days since limit of supply of information is expired for second appeal.
Proactive Dissemination:
- RTI act also asks for computerization and proactively publish information.
Central Information Commissioner:
- Central Information Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who are appointed by the President of India on the basis of recommendation of select committee.
- The Select Committee consists of the Prime Minister, Leader of Opposition in the Lok Sabha and a Union Cabinet Minister as nominated by the Prime Minister.
- They hold office for 5 yrs or up to 65 yrs of age.
- Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
State Information Commissioner:
- State Information Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who are appointed by the Government on the basis of recommendation of select committee.
- The Select Committee consists of the Chief Minister, Leader of Opposition in the Assembly and a Cabinet Minister as nominated by the Chief Minister.
- They hold office for 5 yrs or up to 65 yrs of age.
- Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

Important Sections of RTI

Section 3: all citizens shall have the right to information.
Section 6 (1): a person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means, accompanying such fee as may be prescribed specifying the particulars of the information sought by him or her.
Section 6 (3): in case of the required information held by another public authority, such application shall be transferred to that other Public Authority within 05 days.
Section 7 (1): on receipt of a request, the information should be provided within 30 days.
Section 7 (5): the applicant shall pay such fee as may be prescribed for the information to be provided in printed or electronic format.
Section 7 (9): information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the Public Authority or would be detrimental to the safety or preservation of the record in question.
Section 19 (1): any person who, does not receive a decision within the time specified or is aggrieved by a decision of PIO may within 30 from the expiry of such period or from the receipt of such a decision prefer an appeal to such appellate authority.
Section 19 (3): a second appeal against the decision under Section 19 (1) shall lie within 90 days with the Central Information Commission or the State Information Commission.

Impact of RTI

A tool for information gathering as well as activism
Enhanced accountability of public authority, it is in mind while using a pen
Helping for policy advocacy (undertrials numbers, etc) to better delivery of services
From mercy or discretionary activities to entitlement based

Implementation Challenges

The RTI Act 2005 has the following provisions among others:

Sec 6 (2): applicant not required to give reason for requesting the information
Sec 4: Suo motu information at regular intervals so that public resort to use it minimum
Even exempted information can be provided if larger public interest is shown

However, there are certain provisions which are used for circumventing the Act:

Sec 7(9): information has to be given in the form asked unless it would disproportionately divert the resources of the public authority.
Information can’t be given unnecessarily if it hinders the regular functioning of institutions (SC view)
Several walls of secrecy (Official Secrets Act 1923, etc)

Other challenges are:

Case filing for vested interests instead of genuine concerns or information requirement
No proper record keeping and management, therefore information distribution is time taking
Lack of training and motivation of PIOs
Long Pendency in most Information Commissions signals casual approach towards RTI
Lack of awareness and publicity to public especially in the rural areas
Many a times being used to blackmail the authority.
Ensuring the safety of activists
Judiciary and political parties don’t come under RTI which lead to distrust among the citizens
There is an allegation of political patronage in selection of Information Commissioners

Quiz based on RTI

A quiz containing 10 Objective Questions from the topic should be attended to check your understanding of the topic better.

Please click on the ‘Start quiz’ button.

Questions from CGPSC Mains Examinations

2022
1. Throw light on the important features of the Right to Information Act 2005. Discuss also the special efforts of the present Chhattisgarh Government in protection and promotion of the Act. (15 marks)

सूचना के अधिकार अधिनियम 2005 की प्रमुख विशेषताओं पर प्रकाश डालिए। इस अधिनियम के संरक्षण एवं संवर्धन हेतु वर्तमान छत्तीसगढ़ सरकार द्वारा किए गए प्रयासों को भी बताइये। (15 अंक)