right to information act and official security act

1. 1
LALRINSANGA
JMC / 13 /40

2. ‘Democracy requires an informed
citizenry and transparency of
information which are vital to its
functioning and also to contain
corruption and to hold Governments
and their instrumentalities accountable
to the governed’
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Right to Information Act 2005

3. Right to information includes the right to:
inspection of work, documents, records;
taking notes, extracts or certified copies thereof;
taking certified samples of material;
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;
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4.  Transparency & Accountability in the working
of every public authority
 The right of any citizen of India to request
access to information and the corresponding
duty of Govt. to meet the request, except the
exempted information (Sec. 8/24)
 The duty of Govt. to pro-actively make
available key information to all (Sec 4).
 A responsibility on all sections: citizenry,
NGOs, Media
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5.  It fundamentally restructures the debate on
governance from what should be revealed to what
must be kept secret and undoubtedly reflects the
potency of India’s vibrant democracy.
 The Central Information Commission can, under
Section 19 (8) (a) (iii), require every public authority
to “publish certain information or categories of
information” under the Act. Should the public
authority not comply, Section 19 (8) (c) gives the
Commission the power to “impose any of the
penalties provided under this Act”.
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6.  It includes the right to -
i. inspect works, documents, records.
ii. take notes, extracts or certified copies of documents or
records.
iii. take certified samples of material.
iv. obtain information in form of printouts, diskettes, floppies,
tapes, video cassettes or in any other electronic mode or
through printouts.[S.2(j)]
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7. Covers all PUBLIC AUTHORITIES which
means:
Any body constituted under the Constitution or a
law made by Parliament or State Legislatures.
Any body constituted by a notification or order
issued by the Central / State Governments.
Any body owned, controlled or substantially
financed by the Central Government or the State
Government.
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8. Intelligence and security organisations
established by the Central or State
Governments as notified from time to time.
However, information relating to alleged
corruption or human rights violations is not
exempted from disclosure.
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9.  Information which would prejudicially affect
sovereignty and integrity of India;
security/strategic/scientific/economic interests of the State;
relation with foreign State
 Information which might incite an offence
 Information which
- is forbidden by a court;
- that causes a breach of privilege of the Legislature;
- would harm the competitive position of a third party;
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10. - is held in fiduciary relationship, unless larger public interest
warrants disclosure;
- received in confidence from foreign Government;
- would endanger the life of any person;
- would impede the process of investigation;
- would involve an infringement of copy right.
 Personal information which has no relationship to any
public activity or interest
 Cabinet papers including records of deliberations of the
Council of Ministers, Secretaries and officers;
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11.  The following is exempt from disclosure [Sec.8]
 information, disclosure of which would prejudicially affect
the sovereignty and integrity of India, the security,
strategic, scientific or economic interests of the State,
relation with foreign State or lead to incitement of an
offence
 information which has been expressly forbidden to be
published by any court of law or tribunal or the disclosure
of which may constitute contempt of court;
 Contd.
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12.  information, the disclosure of which would cause a
breach of privilege of Parliament or the State
Legislature;
 information including commercial confidence, trade
secrets or intellectual property, the disclosure of
which would harm the competitive position of a
third party, unless the competent authority is satisfied
that larger public interest warrants the disclosure of
such information;
 information available to a person in his fiduciary
relationship, unless the competent authority is satisfied
that the larger public interest warrants the disclosure of
such information;
 information received in confidence from foreign
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13.  information which would impede the process of
investigation or apprehension or prosecution of
offenders;
 cabinet papers including records of deliberations of the
Council of Ministers, Secretaries and other officers;
 information which relates to personal information the
disclosure of which has no relationship to any public
activity or interest, or which would cause unwarranted
invasion of the privacy of the individual;
 Notwithstanding any of these exemptions or the Official
Secrets Act 1923, a public authority may allow access
to information, if public interest in disclosure
outweighs the harm to the protected interests-Sec
8(2).
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14.  The Central Information Commission is an autonomous body
set up to inquire into complaints received from citizens
 You can complain that you have been refused access to
information. You can also complain about how the public
authority has handled your request, for instance;
+ failure to respond to your request within 30 working days (or
failure to explain why an extension to the 45 days is needed)
+ failure to give you proper advice and help within the
stipulated time
+ failure to give information in the form in which you asked for
it
+ failure to properly explain reasons for refusing your request.
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15. The provisions of the Act have an overriding
effect over anything inconsistent contained
in the Official Secrets Act, 1923 or any other
law or instrument
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Removal of difficulties
Central Government empowered to issue orders to
remove difficulties in the implementation of the
Act.(Sec. 30)

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