Presentation regarding RTI

1. 1
RIGHT TO INFO ACT 2005
PRESENTATION BY
LT COL MH KHAN

2. It’s a legal framework of citizen’s democratic right
to access to info under the control of the public
auth

3. GENESIS OF
FUNDAMENTAL
RIGHTS
FUNDAMENTAL
RIGHTS
FREEDOM OF INFO ACT
2002
WHY CONSTITUTION
NEEDED
01
02
03
04
05
RIGHT TO INFO ACT 2005
06
NEED FOR RTI ACT
INTERESTED FACT ABOUT RTI
FEE AND CHARGES
WHAT DOES INFO MEAN
TIME LIMIT TO GET INFO
DEMOGRAPHICS OF INDIA
EXEMPTION FROM DISCLOSURE OF
INFO
08
09
10
11
12
13
PENALTIES
THIRD PARTY INFO
EXEMPTION FROM DISCLOSURE OF
INFO
FREEDOM OF INFORMATION IN THE
WORLD
INFORMATION THROUGH E-MAIL
15
16
17
18
19
INFO IS THE KEY
07
APPELLATE AUTH
14
CORRUPTION IN THE GOVY
DEPTTS
CITIZEN MODULES
20
21
SEQUENCE

4. INFORMATION
According to Thomas Jefferson
"Information is the currency of
democracy," and critical to the
emergence and development of a
vibrant civil society.

5. RIGHTS
Rights are legal, social, or ethical principles of freedom
or entitlement, rights are the fundamental rules to people
according to some legal system, social convention, or
ethical theory.

6. INFORMATION IS THE CURRENCY OF DEMOCRACY
Thomas Jefferson ?

7. • Bill of Rights 1789
of the US constitution.
GENESIS OF FUNDAMENTAL RIGHTS
• Extracted to constitution
of India 1950
(Fundamental Rights)

8. • Fundamental Rights which was
borrowed from American Constitution
have been enshrined in the constitution
of India.
• In UK it is “MAGNA CARTA”, in Germany
“BASIC RIGHTS” and more or less in all
democratic countries of the world.
• Six FUNDAMENTAL RIGHTS in Indian
constitution are :-
⮚ The Right to EQUALITY
⮚ The Right to FREEDOM (Article 19)
⮚ The Right to Freedom from
EXPLOITATION
⮚ The Right to FREEDOM OF RELIGION
⮚ CULTURAL and EDUCATIONAL
Rights
⮚ The Right to CONSTITUTIONAL
REMEDIES
FUNDAMENTAL RIGHTS

9. DRACONIAN LAWS BEFORE INDEP
 Sedition Law: Crushing Dissent
in India since 1833
 No Court headed by Indian
Judges
 No Wakeel no Daleel
 Quelling the voice, massacring
and executing of people
spurred Indian youth to take up
revolutionary path a vital role in
energizing the fight against
British empire

10. TRAGIC JALLIANWALA BAGH MASSACRE
The tragic Jallianwala Bagh massacre took place
on April 13, 1919.This event in which General
Dyer ordered indiscriminate firing at a crowd
including women and children, killing hundreds of
them, caused much resentment and anger among
the people and led to the Non-Cooperation
Movement

11. EXECUTION OF SHAHEED BHAGAT SINGH
Shaheed Bhagat Singh, Rajguru and
Sukhdev were sentenced to death in
the Lahore conspiracy case and
ordered to be hanged on 24 March
1931. The three were hanged on 23
March 1931 at in the Lahore jail.

12. NON-COOPERATION MOVEMENT-1920

13. INDIAN FREEDOM MOVEMENT – 1857-1947

14. ARREST OF GANDHI JI
 His first arrest was in 1922 in South Africa, and
this was followed by subsequent arrests in 1930,
1933 and 1942 in India
 Gandhi Ji was arrested for various reasons
ranging from disobeying authorities to urging
public resistance of the British Empire.
 Among his punishments for these perceived
crimes, Gandhi spent a total of seven years in
prison spread out among the separate
sentences he received in conjunction for his four

15. NELSON MANDELA
Served 27 yrs Jail term
Fought against anti-apartheid.
Followed the foot print of Gandhi &
followed Ahinsa
80% of population of SA

16. WHY THE CONSTITUTION NEEDED
⮚ Constitutions are needed not
only to limit wielders of existing
power but to empower those
traditionally deprived of it.
⮚ The Drafting Committee had eight
members: Dr BR Ambedkar, Alladi
Krishnaswami Ayyar,
N Gopalaswami,
K.M Munshi, Mohammad
Saadulla, BL Mitter.
⮚ The Drafting Committee began to
scrutinise the Draft
Constitution assembled by the B.N
Rau, the Constitutional Advisor.
The Right to FREEDOM (Article 19)

17. FREEDOM OF INFORMATION ACT OF 2002 (Article 19(1)
⮚ The main weakness of this act was, it did not
acknowledge the right to information to the people.
⮚ Consequently, it provided for appeals only within
the government bodies.
⮚ It barred the jurisdiction of the courts and did not
ensure any appeal with any independent body.
⮚ Freedom of information act 2002 was the
precursor to Right to Information Act, 2005.
The Right to FREEDOM (Article 19)

18. RIGHT TO INFORMATION ACT, 2005
Fundamental Rights (Article -19)
(Constitution of India – 1950)
2nd Clause Fundamental Rights
speaks about Right to Freedom
Freedom Of Information Act - 2002
Right To Information Act -2005
(Article -19 (1) (a))
Fundamental Rights
Constitution of The USA – 1789
(Bill of Rights)

19. ARUNA ROY AN ACTIVIST
⮚ Aruna Roy a lady who entered Indian
Administrative Services in the 70s.
⮚ She quit this most coveted bureaucratic job
after 6 years of service as she was not happy
with bureaucratic functioning.
⮚ She immersed herself in social work in rural
India. And she has been forerunner in
pursing the Govt through her follower to
bring this act.

20. CAMPAIGN FOR THE RIGHT TO INFORMATION ACT
• When corrupt practices in India reached its pinnacle in
various Govt deptts.
• Aruna Roy joined hands with various other social
activists and campaigned for the Right to Information Act.
• The pressure was mobilised on the Govt and finally the
Govt succumbed to pressure of the people of India and
hence passed RTI Act Bill in Parliament 15 Jun 2005.

21. RIGHT TO INFORMATION ACT, 2005 (Article 19(1) a
• The Right to Information
is an act of the
Parliament of India
which sets out, the rules
and procedures
regarding citizens' right
to information.
• It was enacted on 15 Jun
2005
• It replaced the former
Freedom of Information
Act, 2002.

22. ⮚ Provides a legal framework of citizens’
democratic right to access Info under the
control of public authorities.
⮚ To promote transparency and
accountability in the functioning of every
public auth.
⮚ It mandates timely reponse.
RIGHT TO INFO ACT, 2005

23. THE CONSTITUITON OF INDIA & RTI
Political Orgs are out of ambit of RTI

24. FREEDOM OF MEDIA
The 2021 World Press Freedom Index
produced by Reporters Without Borders (RSF),
the UN has placed India at 142nd rank out of
180 countries. ... In 2016, India's rank was 133
which has steadily climbed down to 142 in
2020

25. INFO IS KEY
Democratic
Process
and Good
Governance
Realisation
of Human
Rights
Poverty
Eradication
and Human
Development
INFO IS THE KEY

26. WHAT DOES INFO MEAN ?

27. ⮚ A public authority is a body owned,
controlled or substantially financed, and
any non-governmental body financed by
the appropriate government.
PUBLIC AUTH

28. PUBLIC INFORMATION OFFICER (PIO)
⮚PIOs are officers designated by the
public authorities in all administrative
units or offices under it, to provide
information to the citizens requesting
for information under the Act.
⮚Any officer, whose assistance has been
sought by the PIO for the proper
discharge of his duties.

29. APPELLATE AUTHORITIES
⮚Central Act requires that officers are
appointed to, who are "senior in rank" to
the Public Information Officer (PIO).
⮚He has to deal with appeals from
requesters who are not satisfied with how
their request for info was handled.

30. CENTRAL INFORMATION
COMMISSION
The Central Information Commission has been
constituted with effect from 12-10-2005 under the
Right to Information Act, 2005. The jurisdiction of
the Commission extends over all Central Public
Authorities.

31. CITIZEN
APIO/PIO/CPIO
APPELATE AUTHORITY
CIC
SEEKING INFO UNDER RTI

32. INFO SEEKER APIO/PIO/CPIO APPELLATE AUTH CIC
01 02 03 04 05
HC / AFT
 PUBLIC WHO
SEEKS INFO
 CITIZEN
OFINDIA
 PIOS ARE OFFICERS
DESIGNATED BY THE
PUBLIC AUTHORITIES IN
ALL ADMINISTRATIVE
UNITS OR OFFICES
UNDER IT.
ANY OFFICER, WHOSE
ASSISTANCE HAS BEEN
SOUGHT BY THE PIO
FOR THE PROPER
DISCHARGE OF HIS
DUTIES
•HE HAS TO DEAL
WITH APPEALS
FROM REQUESTERS
WHO ARE UNHAPPY
WITH HOW THEIR
REQUEST HAS BEEN
HANDLED. THESE
OFFICERS ARE
COMMONLY
REFERRED TO
AS APPELLATE
AUTHORITIES
• THE ROLES OF CIC IN
IMPLEMENTATION OF RTI
ACT COULD BE HELPING
THOSE INDIVIDUALS WHO
HAVE NOT BEEN ABLE TO
SUBMIT THEIR RTI
APPLICATIONS TO
CENTRAL PUBLIC
INFORMATION OFFICER OR
STATE PUBLIC
INFORMATION OFFICER,
BLOCKING THE ESCAPE
ROUTE WHICH THE
GOVERNMENT
AUTHORITIES USED TO
HIDE BEHIND EXEMPTION
CLAUSES OF RTI
•HIGH COURTS /AFTs
HAVE THE POWER OF
JUDICIAL REVIEW.
THEY HAVE THE
POWER TO DECLARE
ANY LAW OR
ORDINANCE
UNCONSTITUTIONAL.
• IF IT IS FOUND TO BE
AGAINST THE INDIAN
CONSTITUTION.
FLOW CHART OF RTI ACT, 2005

33. LIFE CYCLE OF RTI

34. ⮚69% of the people
of India lives in rural areas and
31% live in urban areas.
⮚The proportion residing
in urban areas has doubled
in 2020 from 17% in 1950
⮚And is expected that half of
the India population will be
living in urban areas by 2050.
⮚ Primarily, 90% from urban
areas make use of the RTI.
⮚ Only 10% of the total RTI
applicants across the country
are from rural areas.
DEMOGRAPHIC POPULATION OF INDIA

35. RTI COVERAGE
⮚ The RTI Act covers entire
Indian States (incl J&K –
after abrogation of Article
370).
⮚ All union territories are
also covered under this
act.

36. ⮚ Because it helps to :-
✔ Promote openness, transparency and
accountability in the working of every public Auth
✔ Reduce Corruption
✔ Prevent administrative arbitrariness
✔ Make citizens part of decision making
✔ Make administrative responsive
✔ Strengthen the foundations of democracy
NEED FOR RTI ACT

37. SOME INTERESTING FACTS ABOUT THE RTI'S
15-YEAR JOURNEY
⮚ An average of 4,800 RTI applications are
filed everyday in various Govt
departments.
⮚ From Oct 2005 till Oct 2019, a total of
nearly 1.75 crores RTI applications have
been filed.
⮚ In 2018-2019, 11.65 lakh RTI applications
were filed.

38. A POWERFUL TOOL FOR CITIZENS
• To empower
the citizens
• To promote
transparency
and
accountability
• To contain
corruption and
• To enhance
people's
participation in
democratic
process.

39. PROCÉDURE FOR REQUESTING INFO
⮚ Apply in writing or through electronic
means in English or Hindi or in the official
language of the area, to the
Public
⮚ Info Offr (PIO), specifying the particulars
of the Info sought for reqd to be given
⮚ Pay fees as may be prescribed.

40. TRANSFER OF AN APPLN
The Public Information Officer can
transfer your application to another Public
Information Officer, if the requested
information is held by another public
authority

41. TRANSFER OF AN APPLN

42. ⮚ Application fee Rs 10/- .
⮚ If info is reqd in electronic media – floppy/ CD, etc addl charges
will be applicable.
⮚ Photocopy charges of Rs 2/- per page.
⮚ Inspection charges of relevant files, docu and records
⮚No fee for first hour of inspection.
⮚Rs 5/- for every subséquent hour or fraction thereof.
FEES AND CHARGES

43. ⮚ Processing expenses incurred by the Info
officer to be intimated in writing.
⮚ Applicant can seek review of the decision on fees
charged by the PIO by applying to the appropriate
Appellate Auth .
⮚ No fees from people living below the poverty line.
⮚ Free of cost if the PIO fails to comply within the time limit
as prescribed under the RTI Act.
FEES AND CHARGES Cont…

44. PENALTIES
⮚ The penalty levied under the RTI Act at
the rate of Rs 250/- a day, up to a
maximum of Rs 25,000/-, is recovered
from the salary of officials.
⮚ Wrong RTI replies can attract Rs 25,000
fine and disciplinary action

45. ⮚ Laws like the Official Secrets Act, Indian
Evidence Act and the Civil Servants Code
of Conduct Rules contain provisions that
restrict the fundamental right to info
⮚ Culture of secrecy prevalent in Govt
⮚ Lack of accountability in public office
⮚ People do not know where to go for info
⮚ Illiteracy
⮚ Badly maintained records
PROBLEMS IN ACCESSING INFO

46. • Exemptions from disclosure of Info are laid down in Section 8 and 9.
• There are 22 organisations which are exempted under RTI Act :
• Org exempted from RTI – SEC 8 OF RTI
✔ Intelligence and security organisation established by the Central
Govt
✔ 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.
✔ Border Security Force.
✔ Central Reserve Police Force.
✔ Indo-Tibetan Border Police.
✔ Central Industrial Security Force.
✔ National Security Guards.
✔ Assam Rifles.
✔ Special Service Bureau.
✔ Special Branch (CID), Andaman and Nicobar.
EXEMPTED FROM DISCLOSURE OF INFO

47. PROVISONS TO EXEMPTIONS
⮚ Info which can’t be denied to the
Parliament/State Legislature can’t be denied
to anyone.
⮚ If public interest outweighs harm to
protected interests, Public Auth can allow
disclosure.

48. THIRD PARTY INFORMATION
• Third Party information is basically Individual's
personal information.
• Concerned dept may write to an Individual stating that
such and such RTI application has been filed.
• If the Individual gives his consent to disclose such
information, then only PIO can provide such
information to an RTI applicant.
• However without consent such information cannot
been provided and same is barred under the Act.

49. SECOND APPEAL
⮚ 2nd Appeal can be filed within the
time limit prescribed under Section
19(3) of the RTI Act i.e. 90 days from
decision.
⮚ The complaint needs to be filed within
a reasonable period

50. CIC HIMACHAL PRADESH
YEAR 2020
•Total apln recd – 18,273
•Appeals recd at - 451
CIC Office Shimla

51. ⮚ Can one see the answer sheet through RTI?
⮚ Yes, Supreme Court Order of 2011: In a landmark
judgment, the Supreme Court
allowed the disclosure of the answer-sheets
under Right to Info (RTI) Act to the examinée.
SUPREME COURT ORDER

52. ⮚ Number of pages depends on font size and the paper size too and
number of pages is not at all topic to be thought of or discussed
about.
⮚ There are 6 Chapters and 31 sections.
⮚ Chapter I - Short title, extent and commencement. (sections 1 to 2).
⮚ Chapter II - Right to info , obligations of the public Info
authorities. (section 3 to section 11).
⮚ Chapter III - Constitution of central Info commission. (section 12 to
section 14)
⮚ Chapter IV - State Info commission. (section 15 to section 17)
⮚ Chapter V - Powers and functions of Info commission. (section 18 to
section 20)
⮚ Chapter VI - Miscellaneous. (section 21 to 31)
TOTAL SECTIONS UNDER RTI

53. • The Freedom of Information Advocates
Network has now been active. Today more than
95 countries recognising the right to
information.
• As a result, billions of people around
the world now enjoy the right to access
information held by their governments and
national public bodies.
FREEDOM OF INFORMATION IN THE WORLD

54. ⮚ This Web Portal can be used by Indian
citizens to file RTI application online and
also to make payment
for RTI application online. An applicant
who desires to obtain any Info under
the RTI Act can make a request through
this Web Portal to the Ministries/Depts of
Govt of India.
INFO THROUGH E-MAIL

55. IS HONOURABLE SUPREME COURT UNDER
RTI?
Yes - The office of the Chief Justice of India
will come under the ambit of the Right to
Information Act, the Supreme Court ruled. A five-
member DC bench led by CJI Ranjan Gogoi
agreed in principle to share information but on a
case-to-case basis and subject to RTI safeguards

56. GOVT DEPARTMENTS : RANKWISE CORRUPTION
⮚Police Department ranks first irrespective of states.
⮚Public works Departments & its allies down to Gram
panchayats
⮚Revenue Departments.
⮚Regional Transport Offices
⮚Education Department.
⮚RTO
⮚Medical deptt
⮚Medical staff during COVID period
⮚MES/BRO
⮚ and …………………. List goes on

57. SCAMS/SCANDALS EXPOSED THROUGH
RTI
⮚ The act is one of the most important acts which
empowers ordinary citizens to question the
government and its working.
⮚ This has been widely used by citizens and media
to uncover corruption, progress in government
work, expenses related information.

58. SCAMS EXPOSED THROUGH RTI APPLICATION
⮚Indian Coal Allocation Scam – 2012 – 1,86,000 Crore
⮚2G Spectrum Scam – 2008 – 1,76,000 Crore
⮚Commonwealth Games Scam – 2010 – 70,000 Crore
⮚Adarsh Society Scam – 2010 – Rs 800 Crore
⮚Demonetisation - 2016 - ?
⮚Rafale Scam – 2021 - Rs 21,075 Crore (under prejudice)

59. AADHAAR (UID) HAS CURVED CORRUPTION
 The UID or Aadhaar, aimed at curbing
corruption in government schemes, is
itself tainted with charges of bribes
It facilitates DPS (Direct Payment
System) in beneficiary account.

60. E-GOV IS TOOL FOR TACKLING CORRUPTION
 E- Governance may be defined as an anti-corruption
tool to make easier and recover democratic government
and business through use of electronic means in the
interaction between citizens and government and
businesses and government and also in internal
government operations

61. DEEP ROUTED CURRUPTION IN THE SOCIETY

62. MY PERSONAL EXPERIENCE WITH RTI

63. KHARANJA (BRICKS) ROAD IN BIHAR
15 Nov 18

64. MONEY SIPHONED OFF FROM SBI (DSP) ACCT

65. LAND REGISTRATION DOCU DESTROYED BY TURMITE

66. RELEASING MONEY FROM DEAD ACCOUNT

67. CITIZEN MODULE
This is the home screen of the citizen module

69. END NOTE
⮚ In 1985, on a visit to
drought-affected Kalahandi
district in Odisha, Rajiv
Gandhi had said that of
every rupee spent by the
government, only 15 paise
reached the intended
beneficiary.
⮚ So citizens of India should
be encouraged to seek info
from PIO & it will certainly
reduce corrupt practices
from our system.
⮚ So our system is looting
the public money & we
people of India can be mute
spectator anymore.

70. SEEK INFO TO REDUCE CORRUPTION
SEEK INFO UNDER RTI ACT-2005
FROM GOVT DEPTTs

71. ⮚ The CIC has Auth over public material/office/org
of Centre. Whereas SIC has that of that particular state.
⮚ The Central Govt is responsible for governing matters
pertaining to Central List and Concurrent list of indian
constitution. Example: Defence and Aviation. Concurrent
example Education and forest.
⮚ The State Govt is responsible for governing matters
pertaining to State List and Concurrent list of indian
constitution.
⮚ In case there is a interference in jurisdiction by any party
the federal structure breaks down.
CIC & SIC