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The Right to Information:
A Tool for Good
Governance
                  PRESENTED BY

              JONTY VADHERA
               ROLL NO- 3243
Right to Information
        (RTI)
     A Powerful Tool for
Strengthening Democracy and
 Enhancing Good Governance
Constitutional Provisions of
            RTI
The Right to Information is a fundamental
right under the Constitution of India


Information is necessary for protection of
the right to life and liberty. It is therefore a
part of Article 21


Information is necessary to form and
express opinions, dissent or support on any
matter. It is therefore a part of Article 19 (1)(a)
Key Attributes of Good
          Governance
  Transparency
Transparency and Accountability for
  Responsibility

  Accountability

  Participation and

  Responsiveness (to the needs of
  the people)
So What is Right to
   Information?

 Asking for and
   being given
information as a
 matter of right
What is Right to Information
           Act?
Establishes a process for accessing
information held by public authorities


Ordinarily places an obligation on them to
give information


Provides a grievance redressal mechanism
for citizens who have been denied
information in an unreasonable manner
Genesis of RTI in India

  The RTI movement was first started
  in Rajasthan by the Mazdoor Kisan
  Shakti Sanghathan(MKSS), an
  organization founded by Aruna Roy,
  an IAS officer who left her job to
  actively involve herself in this
  movement in 1990.
Important Facts about RTI in India



Grassroot level movement

Only country to call it a ‘Right’
and not ‘Freedom’.

Fight for life and livelihood
What Rights are available under RTI Act
                2005?
The Right to Information Act came into force on 12th October,
2005.

Right to Information Act 2005 empowers every citizen to


Ask any questions from the Government or seek any information

Take copies of any government documents

Inspect any government documents

Inspect any Government works

Take samples of materials of any Government work
Appellate Authority (AA)
[Sec. 12-19]      First Appeal
                   (Internal)



       The officer senior in rank to the PIO
        in the concerned public authority

    (Within 30 days from the date of refusal
      letter but delay may be condoned if
           sufficient cause is shown)


               Time limit = 30 days
Appellate Authority (AA)
 [Sec. 12-19]     Second appeal
                   (External)


     to Central/State Information Commission
  (within 90 days from the date of decision of first AA but
    delay may be condoned if sufficient cause is shown)

  No time limit for CIC/SIC to decide on appeals
Decision of CIC/SIC            Burden of proof lies on PIO
is binding                       for justifying denial of
                                       information


 Appeal against IC’s decision can be filed in High
    Courts/Supreme Court, not lower courts
Penalty Provisions
 IC can penalise PIO Rs. 250/- per day up to a maximum of
  Rs. 25,000/- for -

  • Refusal to receive application
                                             Without
  • Not furnishing information             reasonable
    within time limit                         cause

  • Malafidely denying information

  • Knowingly giving incorrect,
    incomplete, misleading           For persistent
    information                      violation of the law IC
                                     can recommend
  • Destroying information which     disciplinary action
    was the subject of request

  • Obstructing furnishing of
    information in any manner
Some of the success stories of RTI
RTI confirms illegal water extraction in New Delhi

Hawker uses RTI to fight harassment by cops in Delhi

RTI Impact: Misuse of CM’s Relief Fund exposed in Mumbai

Rajasthan: Kaniram gets his ration within 3 days of filing an RTI
application

Karnataka: Grant used by MLAs without submitting bills

Haryana: Construction of Street is possible with the magic of RTI
Act

Life convict uses RTI to prove innocence in Andhra Pradesh

Rape victim uses RTI to nail corrupt cops in Gujarat

Jharkhand: Ranchi Passport office assured to work fast
Recent Developments
RTI activist becomes Chief Information
Commissioner replacing a retired
bureaucrat promises to ensure speedy
dispensation of pending cases


RTI activists fight to retain file notings
despite government threat to make
amendment in RTI Act


Introduction of Certificate Course on RTI
THANK
 YOU

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right to infomation

  • 1. The Right to Information: A Tool for Good Governance PRESENTED BY JONTY VADHERA ROLL NO- 3243
  • 2. Right to Information (RTI) A Powerful Tool for Strengthening Democracy and Enhancing Good Governance
  • 3. Constitutional Provisions of RTI The Right to Information is a fundamental right under the Constitution of India Information is necessary for protection of the right to life and liberty. It is therefore a part of Article 21 Information is necessary to form and express opinions, dissent or support on any matter. It is therefore a part of Article 19 (1)(a)
  • 4. Key Attributes of Good Governance Transparency Transparency and Accountability for Responsibility Accountability Participation and Responsiveness (to the needs of the people)
  • 5. So What is Right to Information? Asking for and being given information as a matter of right
  • 6. What is Right to Information Act? Establishes a process for accessing information held by public authorities Ordinarily places an obligation on them to give information Provides a grievance redressal mechanism for citizens who have been denied information in an unreasonable manner
  • 7. Genesis of RTI in India The RTI movement was first started in Rajasthan by the Mazdoor Kisan Shakti Sanghathan(MKSS), an organization founded by Aruna Roy, an IAS officer who left her job to actively involve herself in this movement in 1990.
  • 8. Important Facts about RTI in India Grassroot level movement Only country to call it a ‘Right’ and not ‘Freedom’. Fight for life and livelihood
  • 9. What Rights are available under RTI Act 2005? The Right to Information Act came into force on 12th October, 2005. Right to Information Act 2005 empowers every citizen to Ask any questions from the Government or seek any information Take copies of any government documents Inspect any government documents Inspect any Government works Take samples of materials of any Government work
  • 10. Appellate Authority (AA) [Sec. 12-19] First Appeal (Internal) The officer senior in rank to the PIO in the concerned public authority (Within 30 days from the date of refusal letter but delay may be condoned if sufficient cause is shown) Time limit = 30 days
  • 11. Appellate Authority (AA) [Sec. 12-19] Second appeal (External) to Central/State Information Commission (within 90 days from the date of decision of first AA but delay may be condoned if sufficient cause is shown) No time limit for CIC/SIC to decide on appeals Decision of CIC/SIC Burden of proof lies on PIO is binding for justifying denial of information Appeal against IC’s decision can be filed in High Courts/Supreme Court, not lower courts
  • 12. Penalty Provisions  IC can penalise PIO Rs. 250/- per day up to a maximum of Rs. 25,000/- for - • Refusal to receive application Without • Not furnishing information reasonable within time limit cause • Malafidely denying information • Knowingly giving incorrect, incomplete, misleading For persistent information violation of the law IC can recommend • Destroying information which disciplinary action was the subject of request • Obstructing furnishing of information in any manner
  • 13. Some of the success stories of RTI RTI confirms illegal water extraction in New Delhi Hawker uses RTI to fight harassment by cops in Delhi RTI Impact: Misuse of CM’s Relief Fund exposed in Mumbai Rajasthan: Kaniram gets his ration within 3 days of filing an RTI application Karnataka: Grant used by MLAs without submitting bills Haryana: Construction of Street is possible with the magic of RTI Act Life convict uses RTI to prove innocence in Andhra Pradesh Rape victim uses RTI to nail corrupt cops in Gujarat Jharkhand: Ranchi Passport office assured to work fast
  • 14. Recent Developments RTI activist becomes Chief Information Commissioner replacing a retired bureaucrat promises to ensure speedy dispensation of pending cases RTI activists fight to retain file notings despite government threat to make amendment in RTI Act Introduction of Certificate Course on RTI