Foundation Course

Semester 4

RIGHT TO INFORMATION

New era of transparency and accountability

Unit Structure
10.0 Objectives.
10.1 Introduction.
10.2 Origin of the RTI Act 2005 in India
10.3 Objective of the Act
10.4 What is Right to Information?
10.5 Features of Right to Information Act 2005
10.6 RTI –Accountability and Transparency in administration.
10.7 Success stories
10.8 Challenges
10.9 Summary.
10.10 Key words
10.11 Unit End Questions
10.12 References

10.0 OBJECTIVES

After studying the unit you will be able to-

• The origin of the right to information movement.

• Objectives of the Right to Information Act 2005

• Features of the Right to Information Act.

• Process to file the application for information.

• Success stories of the Right to Information

• Challenges in implementation of the Act

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10.1 INTRODUCTION:

The right to Information Act 2005 which came fully into effect
on12th October 2005 is one of the most significant legislation
enacted by the Parliament in India. It is a major step towards more
accountable and transparent government. RTI has been enacted 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. The
Act will certainly lead to end the culture of governmental secrecy
andfulfil its potential as a truly great democracy.

10.2 ORIGIN OF THE RIGHT TO INFORMATION ACT

2005

The first and far most well-known right to information

movement in India was the MazdoorKisan Shakti Sanghatan
(MKSS), an organization for the empowerment of workers and
landless workers and rural poor, which began its right to information
work in Rajasthan during the early 1990s. The MKSS started grass
route movement, demanding access to government information on
behalf of wage workers and small farmers who were often deprived
of their rightful wages or their just benefits under the government
sechemes.Through their innovative concept of jansunvai or public
hearing MKSS started demanding information from local authorities
regarding the wages, muster rolls, materials used for the
construction of roads during famine relief work. From the modest
beginning in the villages of Rajasthan the success of MKSS has
been a source of inspiration for activists in India demanding the
information from the bureaucracy and the government. The struggle
of MKSS activists led to a nationwide demand for law to guarantee
the RTI to every citizen, with wide spread support from social
activists, professionals, lawyers and media who are committed to
transparent and accountable governance and people‘s
empowerment. The MKSS movement in Rajasthan was a turning
point in the RTI movement and showed that even illiterate, socially
mute and exploited labourers could assert and get their other rights
conceded by the invoking the RTI.

The social movements in Rajasthan and other states led to

the formation of the National Campaign for People‘s Right to
Information in 1996. Various State RTI laws were passed during
this period, including TamilNadu, Delhi, Maharashtra Karnataka,
Assam, Madhya Pradesh and Goa.Finally, the national Freedom of
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Information Act was pass in 2002. However, this Act was not
notified and the newly elected government (after General Election
in 2004), got the Right to Information Act passed in Parliament in
2005.

10.3 OBJECTIVE OF THE ACT

1. To promote transparency and accountability in the

functioning of the government.

2. To set up a practical regime for giving citizens access to

Information that is under the control of public authorities.

3. To empower the citizens as the law will promote the

participation of the citizens in official decisions that directly
affect their lives.

4. The effective implementation of RTI Act will build public trust

in the government functioning.

5. It will lead to effective and efficient records management

technique that is needed to facilitate the provision of
information in response to public interest.

10.4 WHAT IS 'RIGHT TO INFORMATION?

Government information is national resource. Neither the
particular government of the day nor public officials create
information for their own benefits. Government and officials are
trustees of this information for the people. The RTI act enables the
citizens to obtain access under the law to documents that may
otherwise be available only at the discretion of government.
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The RTI Act 2005 provides effective access to information

for citizens of India, which is under the control of public authorities.
This overrides the ―official Secrets Act‖ and similar laws and rules.

The Act primarily envisages setting out a 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.

Right to Information means the right to information

accessible under this Act which is held by or under the control of
any public authority and includes the right to: -

(i) Inspection of work, documents, records.

(ii) Taking notes, extracts, or certified copies of documents or

records.

(iii) Taking certified samples of material.

(iv) Obtaining information in the form of diskettes, floppies,

tapes, video cassettes or in any other electronic mode or
through printouts where such information is shared in a
computer or in any other device.

Every information held by or under the control of a public

authority is accessible to a citizen, unless information is exempt
from disclosure.

10.4.1 What is Accessible under the Law?

Information means any material in any form, including

records, documents, memos, e-mail, opinions, advices, press
releases, circulars, orders, log books, contacts, reports, papers,
samples, models, data material held in any electronic form and
information relating to any private body which can be accessed by a
public authority under any law for the time being in force.

10.4.2 Process

Application has to be submitted in writing with prescribed fee

to public information officer (PIO).

Citizens can submit applications personally or by post in

writing or through electronic means in English or Hindi or in the
official language of the area, to the Public Information Officer (PIO)
specifying the particulars of the information sought for; along with
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fees; as may be prescribed (if not belonging to the below poverty

line category). Reasons for seeking information are not required to
be given.

Proof of Receipt of RTI application

Applicant must retain a copy of application for RTI given to

Public Information Officer (PIO) with signature of PIO for its receipt
in any of the following ways.

(i) given by hand;

(ii) by registered mail;

(iii) by speed post through a postal department services.

There is a three level regime for receiving information. The

first level officers are designated by every public authority to receive
applications from citizens. At second level senior officers are
designated by every public authority to look into those applications
of citizens where the information sought for is refused by first level
officers. If information sought is refused or supplied information is
unsatisfactory to the applicant he has every right to make an appeal
before Departmental Appellate Authority (DAA) of the same
department. At the third level the state government sets up an
independent State Information Commission (SIC). This SIC is
empowered to monitor those cases where the applicants are
unsatisfied with DAA's decision. SIC is also empowered to impose
a fine of Rs. 250/- per day up to a maximum of Rs. 25000/-, if
application is not received without any reasonable cause and can
also recommend a disciplinary action.

Information has to be provided within 30 days and 48 hours

where life or liberty is involved. Every PIO will be liable for fine of
Rs250/-per day up to maximum of Rs25000/-for-

1. None accepting an application.

2. Malafidely denying information

3. Delaying information release without reasonable cause.

4. Knowingly giving incomplete, incorrect, misleading

information.

5. Destroying information that has been requested

6. Obstructing furnishing of information in any manner.

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10.4.3 Definition of Public Authority:

Every body or authority created by any Law operative in the

country, either of the Central Government or the State Government
shall be a Public Authority. The entire Government machinery, the
ministries, the departments and every organ of these ministries and
departments shall be public authorities. In crux, every authority
which is managing anything in the country on behalf of Government
is a Public Authority and the citizens can request for information
from these bodies. The entire institution of self-government in India,
thePanchayati Raj is also Public Authority.

Through this process of accessing information, citizens can

participate more directly in the administration and governance of
society.

10.5 FEATURES OF RTI

The Act extends to the whole of India except Jammu &

Kashmir.

All citizens shall have the right to information, subject to

provisions of the Act. The RTI empowers the citizens to ask
any question or seek any information from government
authorities be it Central, State or Local governments.

It shall apply to Public Authorities which means any authority

or body or institution of self-government established or
constituted by or under the Constitution; by any law made by
the appropriate Government or, any other body owned,
controlled or substantially financed directly or indirectly by
the appropriate Government, and includes non-government
organisation substantially financed by the government.
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The Act lays down the machinery for the grant of access to
information. The Public Authorities are required to designate
Public Information Officer and Assistant Public Information
Officer with in the hundred days of enactment to accept the
request forms and provide information. The Public
Information Officers/Assistant Public Information Officers will
be responsible to deal with the requests for information and
also to assist persons seeking information.

The Act envisages creation of an independent non-judicial

machineryviz, Central Information Commission, State
Information Commission. Legal Framework of exercise of
powers by the Commission is defined in the Act.

The Act also provides the two- tier Appellate forum. First
appeal is to be made to the departmental officer senior to the
Public Information Officer. The second appeal is to be made
to State Commission.

Fee will be payable by the applicant depending on the nature

of information sought.

Time limit has been prescribes for the compliance of

information depending upon the information requirements.

Certain categories of informationhave been exempted

from the disclosure under Section 8and 9 of the Act like
conduct of International Relations, security of the State,
trade and commercial secrets ,intelligence agency etc.

Central Information Commission and the State Information

Commissions monitor the implementation of the Act and
prepare an Annual report to be laid before the Parliament /
State legislatures.
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10.6 RTI AND TRANSPARENCY AND

ACCOUNTABILITY IN GOVERNMENT

Democracy requires an informed citizenry and transparency

of information which are vital for its functioning and also to contain
corruption and to hold governments and their representatives
accountable to the governed.

The greater the access to the information the greater would

be the responsiveness of government to the needs of the
people.Wihtout information people cannot exercise their rights and
duties.

RTI is major step towards more accountable and transparent

government. It will certainly lead to end the culture of governmental
secrecy and fulfil its potential as a truly great democracy.

The Act provides for setting out the practical regime of right
to information under the control of public authority in order to
promote transparency and accountability in the working of every
public authority.

The promulgation of this Act set the stage for the

transparency in the functioning of the government and its various
agencies.

Under this Act access to information from public agency has

become a statutory right of every citizen. Ordinary citizens do not
have much information about how decisions are made and hoe
public resources utilizes. Right to Information Act is a vehicle for
greater transparency about the manner of functioning of public
agencies.

Before this Act, the accountability of public authority was

practicably minimal. By this Act the citizens can now question,
audit, review, examine, access government records, acts, decisions
to ensure that these are consistent with the principles of public
interest, good governance and justice. This act promotes
transparency and accountability in administration. The act provides
for framework for promotion of citizen-government partnership in
carrying out the programmes for the welfare of the people.

When the government is transparent, there is less chance for

corruption and more room for accountability.
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People feel more powerful, their bargaining power vis-à-vis

public officials has increased manifold. The Act has definitely
resulted in a greater transparency in governance.

The Act has become powerful instrument for citizens and

social activists to access information from the bureaucracy and
thereby ensures greater accountability and transparency in decision
making.

The Act aimed to concentrate power in the hands of the

citizens who may demand, even without giving a reason, any
information which they think will help them exercise their rights
more effectively and take an informed decision.

The general awareness amongst people about the RTI Act

and how it is to be used for their benefits is still low.

Furthermore, even the judiciary has liberally interpreted the

provisions of the Act, thereby making the public authorities more
accountable. For instance, in ShyamYadav vs. Department of
Personnel. Training, the Central Information Commission held that
property statements filed by civil servants are not confidential and
information can be disclosed after taking the views of concerned
officials as per the provisions of the RTI Act.

CHALLENGES
The cases of misuse of RTI Act are also increasing.

The PIOs are not adequately trained about the different

provisions and rules of the Act regarding procedures to be
followed in disseminating information.

The PIOs has the same old colonial mind set and they try to
guard every information and working in secrecy under the
Official Secrets Act. These bureaucrats deny information to
the citizen to save themselves from criticism and feel
uncomfortable with the notion of transparency.

Attacks on RTI activists have also been a major deterrent in

the RTI movement. There are no provisions to protect the