3. Background
A. Global
• Sweden – 1776
• UN Assembly Resolution, 1948
People’s right to have access to
official information –– Freedom of
Information as Fundamental Human Right
• USA Act, 1966 - amended after ‘Watergate’
• 56 Countries have already enacted
the Right to Information
(North America, Most of Europe, Australia,
Columbia, Peru, Japan)
4. Background
B) National
• Supreme Court Ruling,1982
Disclosure of Information as regards
the functioning of Government must be
the rule and secrecy an exception
• Sheela Barse v/s Govt of India Case,1985
Information about juvenile delinquents in custody
• Mr. Kulwal v/s Jaipur Mun.Corp. Case,1986
Freedom of Speech and Expression
(Art 19) implies right to information
5. Background
• Activist Initiatives
• Freedom of Information Bill in Parliament
2000 – Mr H D Shouri Case
SC intervention in Nov 2002
• State Acts of Tamilnadu & Goa - 1997,
Rajasthan & Maharashtra – 2000,
Delhi – 2001,
Madhya Pradesh – 2003
6. The Real ‘Swaraj’ will come not by
the acquisition of authority by a few
but by the acquisition of capacity by
all to resist authority when abused.
– Mahatma Gandhi
8. PARADIGM SHIFT
An Act which will be
implemented by the Govt machinery &
Public Institutions
and
supervised by the people
9. Basic Premises
• Disclosure a rule and Secrecy an exception
• Transparency means public interest
• Public Interest overrides
• Part of Global Process.
• Governance will improve
• Informed Citizenry
10. J&K • Section 1 (2) –
– It extends to the
whole of India except
the State Jammu &
Kashmir.
16. Definitions
• Information includes records, documents, memos, e-
mails, opinions, press releases, circulars, orders, log-
books, contracts, reports, papers, samples,
models, data held
in electronic form. Also includes information
relating to any private body which can be accessed
by a public authority.
• Public authority also includes Non Government
Organisations substantially financed directly or
indirectly.
• Right To Information includes inspection of work,
documents, records, taking notes, extracts, certified
samples of material.
17. Proactive Disclosure . . . .
Identification & listing of Public Authorities
Proactive Disclosure is a continuous process.
More & more information will flow from the
mandatory disclosure under sec 4 (1) (b)
18. Why proactive disclosure?
– Will create a culture of openness
– What is to hide?
– E - Governance
– It will streamline Record Management
– Number of applications under RTI will reduce
– A step towards less paper office
19. Important Provisions
• PIOs for every Public Authority – 30 days
• APIOs for receipt of applications & appeals
– 5 days extra period
• Senior officer to be appellate authority
• No fees for Below Poverty Line applicants
• Provision of deemed disposal at PIO and Appellate
Authority level
• Penalty to be imposed by Information Commissioner
after opportunity
– burden of proof on PIO
20.
21. Important Provisions
• Third party clause
• Information which cannot be denied to the
Parliament or the state Legislature cannot
be denied to any person.
• Administration of the Act & second appeal
vested with Information Commission.
• RTI Act, 2005 overrides Official Secrets
Act,1923
22. Exemption clause
• National security
• Trade secrets/IPR/copyright
• Privacy
• Foreign relation
• Danger to life & physical safety
• Impede the investigation
• Cabinet papers
• Public interest v/s protected interests
23. Exemption
• Section 8 (1)(b) –
– 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.
28. Well reasoned order
• Burden of proof under sec 19(5) on PIO
• Provision under section 20(1)
opportunity of being heard before a penalty
is imposed
• Reasons in detail for rejection of application
• Calculation of fees levied
• Appeal details
• Particulars of appellate authority
33. Changing role as public servant
• From administrator to facilitator
• Overprotection of Official Secrets Act removed
• Paradigm shift
• Giving information is a rule
& secrecy an exception
• Transperancy & people’s participation
• Public interest supreme
34. Impact
• Computerisation of records
• Need for sue motto publications/ proactive disclosures
• Understanding the nature of applications and information
needs of people
• Record management issues involved
• Changing the work culture in the department
• Timely reporting of disposal of RTI cases
