right to information : an over view
DESCRIPTION
A Presentation on Right to Information Act 2005 by K Rajsekharan Kerala Institute of Local Administration ( KILA), Mulagunnathukavu.TRANSCRIPT
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Right To Information An Overview
by
K Rajasekharan
Kerala Institute of Local Administration
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Purpose of the Act
• Ensure citizens right to information
• Under the control public authorities
• to promote transparency/accountability to the governed
• to contain corruption
• to have informed citizenry & democracy
• while harmonizing the conflict between the RTI & efficient operation of the govt/optimum use of financial resources
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Supreme court on RTI in 1975
• K K Mathew J. (SC) declared that
• the citizens right to know flow's directly from the fundamental right to freedom of speech and expression guaranteed in article 19(1) (a)
• (State of UP Vs Raja Narain)
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The links RTI has with other fundamental rights
RTI is directly linked to the Right to Life which includes the right to food, health, education,
liberty, etc. and the denial of information is a denial of
these rights
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Problems in flow of information
Laws like the Official Secrets Act / Code of Conduct of Civil Servants
Culture of secrecy that prevailed in Government
Lack of accountability in public offices
Badly kept records
People do not know where to go for information
Illiteracy of people
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The States enacted Acts earlier Tamilnadu (1997) Goa (1997) Rajasthan (2000) Karnataka (2000)-law come into effect in 2002 Delhi (2001) Maharashtra (2002) Assam (2002) Madhya Pradesh (2003) J & K (2004) Chattisgarh no law but issued executive orders Orissa (draft bill). Executive order with respect to
Panchayat matters on freedom of information
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Time line on Right to Information in India
1975 Supreme Court declared the citizens right to know flows from the fundamental right to freedom of speech and expression in Art 19(1)(a) of the constitution
1990 - Prime Minister V.P Singh stressed the importance of Right to Information as a legislated right.
1994 – MKSS started a grassroots campaign for right to information which resulted in the enactment of a law in 2000
1996 - Press Council of India under guidance of its Chairman Justice P.B Sawant drafted a law “Freedom of Information Act, 1997.”
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1997 – The Working group appointed by the United Front Government under the Chairmanship of Mr H.D Shourie drafted a law called the Freedom of Information Bill, 1997.
1997- Tamilnadu became the first state in India to pass a law
1997 - The MP Govt issues executive orders to 36 departments to implement Right to Information later issued in more than 50 departments
1997- Goa legislature enacted a law on RTI
1998 – The Government of Madhya Pradesh passed a Bill on Right to Information. But the Governor denied assent.
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1998 – The P M Shri Vajpayee announces that a Law on right to information shall be enacted soon.
2000 - Karnataka, Rajasthan, Maharashtra pass legislations and UP issued Code of Access to some depts.
2000 - Freedom of Information Bill, 2000, tabled in Parliament and referred to the Parliamentary Standing Committee on Home Affairs
2002- Maharashtra Govt. passed an RTI Ordinance overriding the Maharashtra RTI Act 2000.
2003- Parliament passed FOI Act and notified in 2003 2003- On Jan 31st MP Govt. passes MP RTI Act. 2003- In Aug. Maharashtra converted its Ordinance into
new RTI Act.
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Which is a Public Authority?
• Any authority, body or institution by or under the Constitution
• By any law of Parliament/Legislature• By notification of Government• Body owned, controlled or substantially
financed• NGO substantially financed directly or
indirectly
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What kinds of information need to be provided? [S.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
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Record includes [S. 2(i)]
any document, manuscript and file any microfilm, microfiche and facsimile copy
of a document any reproduction of image or images
embodied in such microfilm (whether enlarged or not)
any other material produced by a computer or any other device
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What does the “right to information” mean ? [S. 2(j)]
• inspection of work, documents, records taking notes, extracts or certified copies of documents
or records certified samples of material Obtain information in 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
Held by /under the control of Public Authorities Dissemination includes inspection of office
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Obligations of Public Authorities [S.4]
Catalogue, index, and computerize the records to a country wide network, to facilitate access to information [S. 4(1)] within a reasonable time
Publish Particulars of organization, powers and functions of officers and employees, rules regulations, instructions, manuals suo moto
Publish all facts, policies and decisions which affect the public
Provide reason for its decisions to affected persons
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Suo-moto dissemination of information
• function/duties of organization/officers
• decision making procedures
• Norms, rules, manuals governing the organization
• Statement of records under its custody
• procedure for public involvement in policy making
• Statement of its committees
• Directory and remuneration of officers
• budget, subsidiary program, recipient of concessions
• Details of electronic information
• the manner of obtaining information & about PIO/APIO
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Citizens Charter
• Citizens Charter• enlisting all services, • the conditions a citizen should follow to get
those services and• the time limit for providing the service can
be issued every year
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Who should provide information? [S. 5(2)]
• State Public Information Officer
• assisted by
• State Assistant Public Information Officer
• Other officers
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What a Public information officer shall do?
• accept/reject the application• if application is oral reduce it to writing• provide information within 30 days (life &liberty 48
hours) on acceptance• Failure to provide information is deemed to denial of
information. No fee for delayed response• If rejected, the onus of proving the rejection lies with
PIO No action equals rejection• seek third party information• transfer application to other Pub Authority within 5 days
& inform the applicant
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Rejection order should state [S. 7(8)]
The reasons for such a rejection The period within which an appeal against
the rejection is preferred The particulars of the appellate authority
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When to transfer the application ?
If Information is with other public authorities [S. 6(3)]
Transfer the application to it & inform the applicant
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Third Party Information
• Third party is a person/public authority other than the applicant for information
• Any other private entity with its permission
• Third party have a right to get notice and to be heard in RTI application /appeals
• Notice to third party to include the appeal possibilities
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Exemptions [S. 8]
affects the sovereignty and integrity of India, the security, scientific or economic interests of the State,relation with foreign State/ lead to incitement of an offence
forbidden by any court of law or tribunal breach of privilege of Parliament or the State
Legislature information related to agencies such as I B,Crime
Branch etc listed in the Second Schedule of the Act
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Commercial confidence, trade secrets or intellectual property that harms competitive position of third party
Information from a foreign government Cabinet papers including records of deliberations of the
Council of Ministers, Secretaries or prosecution of offenders
That impedes investigation / apprehension / prosecution of offenders
Information relating to personal matters, the disclosure of which has no bearing on any public activity or interest
Corruption & human right violation not exempted
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Can partial information be given? [S. 10]
Partial information can be given along with The reasons for the decision The name and designation of the officer
giving the decision Details of the fees calculated Right of the petitioner w.r.t. review of the
decision
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Appeals
• First appeal to be submitted within 30 days ( 19(1) )
• to be disposed of within 30 days but not to exceed 45 days, for reasons to be recorded
• Second appeal to SIC within 90 days 19(3)) No time limit fixed for its dispensing right now
• the onus to prove denial of information is on the public information officer
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When to provide information ?
• 48 hours [S. 7(1)] if application is concerned with the life & liberty of persons
• 30 days normally [S. 7(1)]
• 35 days [S. 5(2)] for application submitted through SAPIO
• 40 days, if Third Party information [S. 11(3)]
• Failure to provide information in time is a deemed refusal
• Corruption & human right violation in exempted organizations within 45 days
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Types of Fees
• Application fee
• Fee for providing information
• Such further fee – cost of the document / sample etc
• No fee for Below Poverty Line [S. 7(5)]
• No fee when response is delayed [S. 7(6)]
• Applicant can appeal on the decision regarding fees
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Rate of Fees
• Rs 2/- for A4 size
• For inspection, no fee for first hour
• Rs 10/- for every thirty minutes further
• For providing in floppy Rs 50/-
• For others –Actual charges
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Mode of Fees
• Court fee stamp
• Remittance in Treasury
• Cash remittance
• By DD/bankers cheque/pay order in favour of SPIO / SAPIO
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Information Officer - Hierarchy
State Information Commission
Officer senior in rank to the State Public Information Officer
State Assistant Public Information Officer
State Public Information Officer
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State Information Commission
• State Chief Information Commissioner in each State - in the rank of a Central Election Commissioner
• State Information Commissioner – Chief Secretary rank
• Five year term/ attainment of 65 years of age
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The SIC can penalise for• refuse to receive application / access information
• late furnishing of information
• denying information with malafide intention
• give incorrect information knowingly
• destroying /obstructing furnishing information
• SPIO will get reasonable opportunity for explanation before penalised by SIC
• Disciplinary action to be recommended by SIC
• Bonafide action not to bring in punishment
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Penalty is
• SIC can impose penalty of Rs. 250 per day, but not to exceed Rs. 25,000-
• Any officer denying or delaying information can get this penalty
• SIC can recommend for disciplinary action in case of malafide denial of information
• Burden of proof lies with the SPIO
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SIC can direct Public Authorities
• in providing information in any form
• appointing SPIO
• Publishing information
• maintenance of records
• to provide training
• to provide with an annual report
• compensate any loss/detriment suffered
• the steps to take to promote RTI
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Other powers of the SIC
• receive & inquire into complaints
• Receive and decide appeal from any citizen
• exercise the powers of a civil court to summon
• examine any records under the purview of this act
• issue decision binding on Public Authorities on RTI
• impose penalty under the act
• reject any application
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Documents to accompany appeals
• Appeals in the form /should have contents
• Self-attested copy of the order relied on
• Other documents to prove the request
• An index of the documents referred to
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Appeal procedure
• Take oral /written evidence/affidavit of concerned persons
• Inspection of records or documents
• Inquire through authorized officer
• Hear SPIO/ third party
• Affidavit of SPIO or others including the third party
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Reasons for complaints to SIC[S. 18(1)]
No Information officer appointed Request refused No response Unreasonable fee Incomplete, misleading or false
information Or similar violations of RTI act
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RTI act override other acts
• provisions in official secrets act 1923 or
• other acts/rules do not sustain, if they are in conflict with RTI act
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Govt. can issue rules for
• print-cost price of materials to be disseminated -issued
• fee for application -issued
• fee for information -issued
• procedure for appeals –not issued
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The Government shall
• Issue a guide within 18 months in official language containing everything required to exercise the rights
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Jurisdiction of courts
• lower courts are barred from entertaining suits
• High/Supreme court can entertain writs under 32 / 225
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Take home message
• The act envisages proper upkeep of information
• Proper dissemination of information to public
• Giving information is the rule, not other way round
• Bonafide actions will not bring punishment
• But you should be able to justify it
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Thank you !Thank you !