Right to information act 2005, all theory considered features ,merits ,demerits and functions etc.in briefly explained in this content . thanks for viewing this topic and do not forget to hit the like button ....
RIGHT TO INFORMATION ACT 2005 ,FULL THEORY-MANPREET SINGH (B.COM)
1. RIGHT TO INFORMATION (RTI)
ACT,2005
INTRODUCTION : The Indian Parliament had enacted the ‘’ Freedom of information
ACT,2002 ‘’ in order to promote ,transparency and accountability in administration .The
National Common Minimum Program of the Government envisaged that “Freedom of
Information ACT’ will be made more “progressive ,participatory and meaningful “,following
which ,decision was made to repeal the “Freedom of Information ACT ,2002 ‘ and enact a new
legislation in its place. Accordingly ,”Right To Information Bill , 2004 “(RTI) was passed by
both the Houses of Parliament on May ,2005 which received the assent of the President on
15th June ,2005. “The Right To Information ACT “ was notified in the Gazette of India on 21st
June ,2005 .The Right To Information ACT “ became fully operational from 12th October
,2005.This new law empowers Indian citizens to seek any accessible information from a
Public Authority and makes the Government and its functionaries more accountable and
responsible .
MEANING : RIGHT TO INFORMATION (RTI) ACT,2005 is an act of the Parliament
of India which sets out the Rules and Procedures regarding citizens ‘right to information’ .
RTI means that citizens can request for information from state or central government
department and offices . And such request should be processed in a timely way as mandated
by the RTI ACT .In simple words RTI citizen of India can ask for any information which is
supposed to be public knowledge . RIGHT TO INFORMATION ACT has been implemented by
Government of India to provide a right its citizens to ask the relevant Question to Government
and various public utility service providers, in a practical manner. This was done to replace
the earlier FREEDOM OF INFORMATION ACT of 2002.
2. HISTORY OF RIGHT TO INFORMATION ACT : First right to information law
was enacted by Sweden in 1766 . Idea of RTI Act in India was Floated by the former Prime
Minister of India , Shri.V.P. Singh in 1990 .First grassroot campaign for the Introduction of RTI
was started by Mazdoor Kisan Shakti sangathan (MKSS) in 1994 . National Campaign for
People ‘s RTI –Formed in 1996; formulated initial draft of RTI Law for the Government .Tamil
Nadu became the First Indian state to pass RTI Law in 1997 . Freedom of Information (FOI) Act,
2002 passed by parliament ,could not be implemented . Bill for the present RTI Act ,2005 was
passed on the recommendations of National Advisory Council(NAC) in May 2005 ,and RTI
Act,2005 became effective from October 12,2005 .
The Central information Commission is the adjudicating body for hearing second appeals
under the RTI Act ,2005.
LIST OF ABBREVIATIONS :
1. APIO (ASSITANT PUBLIC INFORMATIONS OFFICER) 2. AA (APPELLATE AUTHORITY) 3. CIC
(CENTRAL INFORMATION COMMISSIONS) 4.DoPT (DEPARTMENT OF PERSONAL AND TRAINING)
5. IT (INFORMATION TECHONOLOGY) 6.MIS (MANAGEMENT INFORMATION SYSTEM) 7. NGO
(NON GOVERNMENT ORGANIZATION ) 8. PA (PUBLIC AUTHORITY) 9. PIO(PUBLIC INFORMATION
OFFICER) 10.PSU (PUBLIC SECTOR UNDERTAKING) 11. RTI (RIGHT TO INFORMATION) 12. SIC
(STATE INFORMATION COMMISSION) 13. TNA (TRAINNING NEED ASSESSMENT) TOR (TERMS OF
REFERNECE )
RIGHT TO INFORMATION (RTI) ACT,2005
3. ADVANTAGES OF RTI ACT 2005 :
1. Get to know your personal Grievances . Right to Information is a revolution .It makes
the Government 0ffices reply to your Questions .
2. Improve the situation around yourself .Your issue will come to notice of Authority
through RTI Application .and your question regarding situation around yourself bring notice
in Authorities .
3. Solve long pending issues of the society .Many of RTI Applications have help
thousand others in solving the long pending issues .
4. Make your elected representative accountable .With an RTI is very simple to get to
know what works your MP is recommending or not recommending to all .
5. Make your Online social presence relevant and helpful .Add the truth ,facts
obtained from RTI .Information obtained from RTI is only TRUTH and nothing else .
GOVERNMENT OFFICERS cannot give you false INFORMATION .
6. Make connections with Government Officers .Through RTI act we can
communicate with Government Officers and create connections .
7. Become the News Reporter .Using RTI right authentic information send to authorities
we can also judge as news reporter ourselves because we show information regarding our
around happening facts about violations or unfair justice.
RIGHT TO INFORMATION (RTI) ACT,2005
4. LIMITATIONS OF RTI ACT,2005 :
There are number of issues and constraints which are identified and are being faced by an
information seeker while filing application for information request ,which are the main
reasons for deformity in the proper implementation of the RTI Act ,2005 .
1. POOR RECORD MANAGEMENT PRACTICES .
2. MISUSE OF RTI .
3. UNTRAINED CPIO‘S .
4. LOW PUBLIC AWARENESS .
5. DELAY IN DISPOSAL OF APPEALS AND COMPLAINTS .
6. HUGE BACKLOGS .
7. POOR QUALITY OF INFORMATION PROVISED .
These are the most common issue due to which an information seeker is not able to get the
requisite information and at the same time the respected CPIO ‘s are not able to provide
required information to the applicant within the prescribed time limit ,Resulting improper
implementation of RTI Act ,2005
RIGHT TO INFORMATION (RTI) ACT,2005
5. OBJECTIVES OF THE RIGHT TO INFORMATION ACT :
The basic object of Right to Information Act is to empower the citizens , promote transparency
and accountability in the working of the Government ,and make our democracy work for the
people in real sense .it goes without saying that an informed citizens is better equipped to
keep necessary vigil on the instruments of Governance and make the Government more
accountable to the governed . The act is a big step towards making the citizens informed about
the activities of the Government.
In order to promote openness , transparency and accountability in public administration , it is
required that every citizen has a right to information under the control of public authorities .
No democratic government can survive without accountability and the basic postulate of
accounability is that the people should have information about the functioning of their
Government .
MAIN POINTS TO REMEMBER IN OBEJECTIVES OF RTI ACT,2005 ARE :
1. RTI ACT MAIN OBEJECTIVE IS TO EMPOWER THE CITIZENS
2. PROMOTE TRANSPARENCY AND ACCOUNABILITY IN THE WORKING OF THE GOVERNMENT
3. MAKE OUR DEMOCRACY WORK FOR THE PEOPLE IN REAL SENSE
RIGHT TO INFORMATION (RTI) ACT,2005
6. IMPORTANCE :
1. This law empowers people to ask for Information about central , state Governments including
non-Governmental organization which are substantially funded by the Government .
2. The Law gives Citizens of India the tools to fight against corruption .
3. RTI gives people the right to hold the Government and Organization substantially funded by
Government accountable .
4. The Right to Information Act gives Citizens the right to ask for Information and decide,
based on the Information received ,whether their Constitutional Rights have been
met .
5. This Law arms Individuals with Information so that they can advocate for
themselves .
RIGHTS UNDER RTI ACT:
1. Inspect works ,document , records .
2. Take notes ,extract or certified copies of documents or records
3. Take certified samples of material .
4. Obtain Information in form of printouts ,diskettes ,floppies ,tapes ,video cassettes or in any
other electronic mode or through printouts .
RIGHT TO INFORMATION (RTI) ACT,2005
7. FUNCTIONS : An Act to provide for setting out the practical regime of Right to information
for citizens to secure access to Information under the control of public authorities , in order to
promote transparency and accountability in the working of every public authority ,the
constitution of a central Information commission state information commissions and for
matters connected there with or incidental there to .
FEATURES :
1. FEATURES THAT STRENGTHENED DEMOCRACY
2. FEATURES LEADING TO TRANSPARENCY
3. FEATURES LEADING ACCOUNABILITY
LOOPHOLES IN RTI :
1. INCREASING PENDENCY OF CASES
2. DEFINITION OF INFORMATION
3. NOT ALL INSTITUTION UNDER RTI
4. LACK OF INFRASTRUCTURE
5. LOW AWARENESS LEVEL
6. CONSTRAINTS FACED IN FILING APPLICATIONS
7. COPORATES NOT UNDER RTI
RIGHT TO INFORMATION (RTI) ACT,2005
8. PROCEDURE TO APPLY RTI APPLICATION :The RTI can be claimed through
two means ,first through in writing mode or through electronic mode.
FORMAT OF APPLICATION FOR FILING RTI : There is no prescribed format of application
seeking information .The application can be made on plain paper .The applications ,however ,
have the name and complete postal address of the applicant .
LANGUAGE USED IN AN RTI APPLICATION : The application can be in ENGLISH,HINDI OR ANY
OFFICIAL language of the area . Which means language is not a barrier in filing an RTI .
FEES CHARGED FOR SEEKING INFORMATION THROUGH RTI : As per the RTI Act ,the fees
required should always be reasonable ,and it is mandatory for the organization to prescribe
the fees .If extra fees are required to produce the Information ,then the same must be
intimated in writing with calculation details of how the figure has arrived .The fee is not
required for citizens below poverty line category .
TIMING FOR RECEIVING INFORMATION : Normally the duration is of 30 days from the date of
application to receive the information .But if the matter is related to life and liberty ,the time
limit for the public information Officer to provide Information is 48 hours. Five days shall be
added to the above response time , in case the application for Information is given to the
assistant public information Officer. Failure to provide Information within the specified period
is deemed refusal .
THE GROUNDS FOR REJECTION FOR REFUSAL OF RTI APPLICATION : An application can be
rejected if it is covered by exemption from disclosure ,or if it infringes the copyright of any
person other than the state then these can be served as a ground for rejection .
RIGHT TO INFORMATION (RTI) ACT,2005
9. SAMPLE FORMAT OF RTI : RTI application
To
The Central/Public Information Officer RTI Office (Full address of public authority/Office) Date:
Sub: Request to furnish information under section 6(1) of the Right to Information Act, 2005 on the
following questions/points.
Sir,
You are requested to furnish following information/documents.
1
2
3 etc
If the information is not available in your office, kindly forward to the concerned public authority
as per section 6(3) of the RTI Act,2005. I am a citizen of India and address is given below.
Requisite RTI application fee for Rs.10/- is being remitted vide Indian Postal Order/ eIPO/
Bank Draft/ Cheque No.............. dated....................... is enclosed).
Yours sincerely,
(Name & Signature)
Postal Address :N.B: (IPO is to be addressed to “Account Officer” of concerned Public Authority)
RIGHT TO INFORMATION (RTI) ACT,2005
10. MISUSE AND ABUSE OF RTI : It is inaccurate to assume that some elements may misuse
RTI and use the Information to blackmail Officers . On the contrary ,the Act prevents Blackmail
to hones and sincere officer as it requires making as much information as possible available
with the public authorities in the public domain may .
IF PUBLIC INFORMATION OFFICER REFUSES RTI APPLICATION : There is a provision for
punishment if an Officer does not comply with the Law .Public Officials who deliberately Delay
or obstruct an application for Information ,or who deliberately provide incorrect or
misleading Information can be punished under the RTI Laws . The RTI Act allows for the
imposition of penalties . Most notably , where a PIO has , without any reasonable cause :
• REFUSE TO RECEIVE AN APPLICATION
• NOT FURNISHED INFORMATION WITHIN TIME LIMITS
• MALAFIDELY DENIED THE REQUEST
• UNKNOWINGLY GIVEN INCORRECT ,INCOMPLETE OR MISLEADING INFORMATION
• DESTROYED INFORMATION SUBJECT TO A REQUEST
• OBSTRUCTED THE PROCESS
All such attempts are the Violation of Laws under the RTI ACT
RIGHT TO INFORMATION (RTI) ACT,2005