Right to Information Act

- An overview

M.L SharmaCentral Information Commissioner

BY

General

RTI Act, 2005 came into effect on 12th October, 2005.

Establishes a regime of RTI for citizens of India

Over rides Official Secrets Act, 2003

Transparency –a norm & secrecy an exception

Informed citizenry vital to the functioning of democracy

International Context• UN General Assembly Resolution of 1946.

• “Freedom of information is a fundamental human right and the touch stone of all the freedoms to which the UN is consecrated.”

• Universal Declaration of Human Rights 1948 (Art 19).

• International Covenant on Civil & Political Rights (Art 19(2)).

• UN Convention Against Corruption, 2003 (Art-13).

• European Convention of Human Rights, 1950.

• The African Chapter on Human and Peoples Right, 1981.

• Inter American Declaration of Principles of Freedom of Expression, 2000.

• Declaration of the Principles of Freedom of Expression in Africa, 2000.

Indian Context

• Art 19 of Constitution guarantees freedom of speech and expression.

• Supreme Court in Secretary, Ministry of I&B Vs Cricket Association of Bengal (1955).

• Bennett Coleman (1973) - RTI held to be included in Art 19.

• In Raj Narain (1975)-held that people have a right to know every public act.

• S P Gupta case (1982)

• PUCL Case (2004) –RTI, a Human Right.

Initiative of Mazdoor Kisan Shakti Sangthan • Assertion of RTI by asking for copies of bills, vouchers and names of

persons shown in the muster rolls.

• Purpose of preventing misappropriation of funds.

• MKSS succeeded in getting photocopies of relevant documents revealing misappropriation of funds.

• MKSS organized Jan Sunwai, first ever in history of Rajasthan, during 1994-95.

• Similar exercise by Lok Satta, an NGO in Andhra Pradesh.

• DoPT set a Working Group on RTI and Promotion of Open and Transparent Govt. in Jan, 1997 under Shri H. D. Shourie.

• Submitted draft bill of Freedom of Information in May, 1997.

• Government of India enacted Freedom of Information Bill, 2000.

• Freedom of Information Act passed in 2002.

• Freedom of Information Act repealed in 2005 and substituted by RTI Act, 2005.

State Acts

Karnataka : 2000

Maharashtra : 2000

Delhi : 2001

Assam : 2001

Madhya Pradesh : 2002

Jammu & Kashmir : 2004

Definition of Information [Section 2 (f)]

Any material in any form, including -

• Records,• Documents,• Memos,• E-mails,• Opinions,• Advices,• Press Releases,• Circulars,• Orders,• Logbooks,• Contracts,• Reports,• Papers,• Samples,• Models,• Data material held in any electronic form and • Information relating to any private body which can be accessed by a public authority under any other law for the time being in force.

Definition of Right to Information [Section 2(j)]

Right to information accessible under the RTI Act which is held by or under the control of any public authority and includes the right to -

i) Inspection of work, documents, records

ii) Taking notes, extracts or certified copies of documents of records;

iii) Taking certified samples of material;

iv) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

Suo moto disclosure – Sec 4

• Public Authorities obligated to maintain all records duly cataloged and indexed

• Before within 120 days from the enactment of this Act –

• - Particulars of organization, functions and duties

• - Powers and duties of officers/employees and procedure followed in decision making process

• Rules, regulations, instructions, manuals.

• Designation of Public Information Officers – Sec 5

• Request for obtaining information - Sec 6

Time Limit for disposal of requests

• CPIO – 30 days

- 48 hrs if information sought concerns life or liberty of a person

- 40 days when third party is involved

- 45 days if information pertains to corruption or Human Rights violations by scheduled Security & Int Agencies

Institutional Framework• Public Authorities

• Public Information Officer (PIO)

• Assistant Public Information Officer (APIO)

• Other Officers

• Designated Appellate Officers

• Information Commission

• Ministries & Departments

• Appropriate Governments

• Competent Authority

Information Exempted from Disclosure

• Prejudicially affects sovereignty and integrity of India and strategic, scientific or economic interests of the State or relation with foreign States.

• Information forbidden to be published by court.

• Disclosure which would cause breach of privilege of Parliament or the State Legislature.

• Trade Secrets or intellectual property or information held in commercial confidence.

• Information obtained in fiduciary relationship.

• Information which would endanger life or physical safety of any person or identity of the sources etc.

• Information which would impede investigation or prosecution or apprehension of criminals.

• Cabinet Papers.

• Personal information having no relationship to public activity or unwarranted invasion of privacy.

• Protection of copyright.

• Primacy of public interest as per section 8 (2)

Certain organisations exempted from operation of RTI Act

• Intelligence Bureau.

• Research and Analysis Wing of the Cabinet Secretariat.

• Directorate of Revenue Intelligence.

• Central Economic Intelligence Bureau.

• Directorate of Enforcement.

• Narcotics Control Bureau.

• Aviation Research Centre.

• Special Frontier Force.

Appeal Procedure

• Appeal to be filed within 30 days against decision of CPIO

• Appeal to be disposed of within 30 days, extendable to 45 days for special reasons

• Second Appeal to be filed before CIC within 90 days from the date of decision of First Appellate Authority

• Decision of CIC shall be binding

Penalties

Section 20 of RTI Act provides for penalties against CPIOs on their refusal to receive an application or inability to furnish information within a specified time-frame or malafidely giving incorrect, incomplete or misleading information or destroying information.

• Penalty of Rs.250 per day – total amount not exceeding Rs.25,000/-.

• Opportunity to be given to CPIO before imposition of penalty.

• CIC can also recommend disciplinary action against CPIO