Right To Information

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Right To Information

2022
Q1. What do you mean by Competent Authority?
A competent authority is a person or organization that has
the legally delegated or invested authority, capacity, or power
to perform a designated function. The term is often used in
legal and regulatory contexts, but it can also be used in more
general terms to refer to anyone who is qualified to perform
a particular task.
For example, the competent authority for issuing passports in
a country is typically the government's passport office. The
competent authority for regulating the financial industry in a
country is typically the government's securities regulator. And
the competent authority for issuing building permits in a city
is typically the city's planning department.
In some cases, the competent authority may be a specific
individual, such as a judge or a police officer. In other cases,
the competent authority may be a group of people, such as a
board of directors or a government agency.
The identity of the competent authority will vary depending
on the specific context. However, in general, the competent
authority is the person or organization that has the legal
authority to make decisions and take actions related to a
particular matter.
Here are some examples of competent authorities:
 The government of a country is the competent authority
for issuing passports, regulating the financial industry,
and enforcing laws.
 A company's board of directors is the competent
authority for making decisions about the company's
business operations.
 A doctor is the competent authority for diagnosing and
treating patients.
 A teacher is the competent authority for instructing
students.
The competent authority is responsible for ensuring that the
designated function is performed in a fair, impartial, and
consistent manner. They must also ensure that the function is
performed in accordance with the law and any applicable
regulations.
Q2. What do you mean by Public authority?
A public authority is a body that is created by the
government to perform a public function. Public authorities
can be either statutory or non-statutory. Statutory public
authorities are created by statute, while non-statutory public
authorities are created by the government through an
executive order or other means.
Public authorities have a wide range of powers, including the
power to make laws, regulations, and policies; to collect
taxes; to provide services; and to enforce laws. Public
authorities are also subject to a number of legal obligations,
including the obligation to act in the public interest, the
obligation to be fair and impartial, and the obligation to
comply with the law.
The term "public authority" is often used interchangeably
with the term "government agency." However, there is a
distinction between the two terms. A government agency is a
specific type of public authority that is created by the
government to carry out a specific function. For example, the
Department of Justice is a government agency that is
responsible for enforcing the law.
Public authorities play an important role in society. They
provide a range of essential services, such as education,
healthcare, and transportation. They also regulate a wide
range of activities, such as the environment, the economy,
and the workplace. Public authorities are also responsible for
enforcing laws and ensuring that the public interest is
protected.
Here are some examples of public authorities:
 Government departments, such as the Department of
Justice and the Department of Education
 Statutory bodies, such as the Securities and Exchange
Commission and the Federal Trade Commission
 Non-statutory bodies, such as local councils and school
boards
Public authorities are subject to a number of laws and
regulations, including the Freedom of Information Act, the
Privacy Act, and the Administrative Procedure Act. These laws
and regulations ensure that public authorities are
accountable to the public and that they operate in a fair and
transparent manner.

Q3. Is there any provision for exemption from disclosure of


information
Section 8 - exemptions
Yes, there are a number of provisions for exemption from
disclosure of information under the Right to Information Act,
2005 (RTI Act). These exemptions are listed in Section 8 of
the RTI Act.
The exemptions are as follows:
 Information that is likely to endanger the security of the
State.
 Information that is likely to lead to breach of privilege of
Parliament or State Legislatures.
 Information that is likely to cause a breach of confidence
of the Prime Minister, the Chief Minister or a Minister.
 Information that is likely to prejudice the conduct of
international relations.
 Information that is likely to interfere with the process of
investigation or adjudication.
 Information that is likely to endanger the life or physical
safety of any person.
 Information that is likely to cause a substantial harm to
the competitive position of a third party.
 Information that is available to a person in his fiduciary
relationship.
 Information that is 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.
 Third-Party Information: Information provided by third
parties, such as confidential business information,
personal references, or proprietary data, may be
exempted if its disclosure would harm their interests.
Section 9 - Without prejudice to the provisions of section 8, a
Central Public Information Officer or a State Public
Information Officer, as the case may be, may reject a request
for information where such a request for providing access
would involve an infringement of copyright subsisting in a
person other than the State.

The exemptions are not absolute. A public authority may


disclose information even if it is exempt from disclosure if it is
satisfied that the larger public interest in disclosure
outweighs the harm to the protected interests.
The RTI Act also provides for a number of safeguards to
ensure that the exemptions are not abused. These safeguards
include the requirement for public authorities to publish a list
of all the information that is exempt from disclosure, the
requirement for public authorities to give reasons for refusing
to disclose information, and the right of appeal to the Central
Information Commission or the State Information
Commission.
The exemptions under the RTI Act are designed to protect a
number of important interests, including national security,
the confidentiality of government deliberations, the privacy
of individuals, and the competitive position of businesses.
However, it is important to note that the exemptions are not
absolute. A public authority may disclose information even if
it is exempt from disclosure if it is satisfied that the larger
public interest in disclosure outweighs the harm to the
protected interests.
Q4. Is there any provision for appeal under the RTI Act?
Section 19 - appeal
Yes, there is a provision for appeal under the Right to
Information Act, 2005 (RTI Act). An appeal can be filed if the
applicant is not satisfied with the response of the Public
Information Officer (PIO). The appeal can be filed with the
First Appellate Authority (FAA), which is an officer senior to
the PIO. The FAA has to dispose of the appeal within 30 days
of its receipt.
If the applicant is not satisfied with the decision of the FAA,
they can file a second appeal with the Central Information
Commission (CIC) or the State Information Commission (SIC).
The CIC/SIC has to dispose of the appeal within 90 days of its
receipt.
The appeal can be filed on any of the following grounds:
 The PIO has refused to provide the information.
 The PIO has provided the information in a mutilated or
incomplete form.
 The PIO has charged a fee for providing the information,
which is not permissible under the RTI Act.
 The PIO has denied access to information on the ground
of exemption, which is not valid.
The appeal should be filed in writing and should be
accompanied by a copy of the RTI application, the PIO's
response, and the fee for filing the appeal. The appeal should
be addressed to the FAA or the CIC/SIC, as appropriate.
The FAA/CIC/SIC will consider the appeal and will issue a
decision. The decision of the FAA/CIC/SIC is final and binding.
The RTI Act provides a strong mechanism for appeal. This
mechanism ensures that the right to information is not
denied to anyone.
Q5. What is an Assistant Public Information Officer?
An Assistant Public Information Officer (APIO) is an officer
who is appointed by a public authority to assist the Public
Information Officer (PIO) in the discharge of his/her duties
under the Right to Information Act, 2005 (RTI Act).
The APIO is responsible for the following:
 Receiving RTI applications and appeals.
 Forwarding RTI applications and appeals to the PIO.
 Providing information to applicants.
 Assisting the PIO in responding to RTI applications and
appeals.
The APIO is not a decision-making authority. He/She is only
responsible for assisting the PIO in the discharge of his/her
duties. The PIO is the sole authority who can decide whether
or not to provide information to an applicant.
The APIO is also not responsible for providing legal advice. If
an applicant has any legal queries, he/she should consult a
lawyer.
The appointment of an APIO is mandatory for all public
authorities that have more than 20 employees. The APIO can
be a regular employee of the public authority or a contractual
employee.
The APIO must be a person who is familiar with the RTI Act
and who is able to assist the PIO in the discharge of his/her
duties.
The APIO plays an important role in ensuring that the RTI Act
is implemented effectively. He/She helps to ensure that RTI
applications and appeals are processed promptly and that
information is provided to applicants in a timely manner.
The APIO also helps to ensure that the RTI Act is accessible to
all citizens. He/She can provide information and assistance to
applicants who are not familiar with the RTI Act.

Q6. What are the main objectives of Right To Information Act,


2005?
The Right to Information Act, 2005 (RTI Act) is an Act of the
Parliament of India that gives citizens the right to information
from all government bodies. The Act was passed in 2005 and
came into force on 12 October 2005.
The main objectives of the RTI Act are:
 To promote transparency and accountability in the
working of government.
 To empower citizens to participate in decision-making.
 To curb corruption.
 To improve governance.
The RTI Act has been hailed as a landmark legislation that has
the potential to transform India into a more transparent and
accountable democracy. The Act has been used by citizens to
access information on a wide range of issues, including the
functioning of government departments, the conduct of
elections, and the allocation of resources.
The RTI Act has also been used to expose corruption and
wrongdoing in government. In a number of cases, the RTI Act
has led to the resignation of government officials and the
cancellation of government contracts.
The RTI Act is a powerful tool that can be used by citizens to
hold the government accountable. The Act has the potential
to make a real difference in the lives of citizens and to
improve the quality of governance in India.
Here are some of the benefits of the RTI Act:
 Increased transparency and accountability in
government.
 Empowered citizens to participate in decision-making.
 Curbed corruption.
 Improved governance.
The RTI Act has been a major success in India. It has helped to
increase transparency and accountability in government,
empowered citizens to participate in decision-making, and
curbed corruption. The Act has also improved governance in
India.
The RTI Act is a powerful tool that can be used by citizens to
hold the government accountable. The Act has the potential
to make a real difference in the lives of citizens and to
improve the quality of governance in India.

Q7. "Democracy requires free flow of information" Elucidate.


Democracy is a form of government in which the people hold
power. This power is exercised through elected
representatives who are accountable to the people. In order
for democracy to function effectively, the people need to be
informed about the issues that affect them. They need to
know what their elected representatives are doing and why
they are doing it. They also need to be able to hold their
elected representatives accountable for their actions.
The free flow of information is essential for democracy to
function effectively. It allows the people to be informed about
the issues that affect them. It also allows them to hold their
elected representatives accountable for their actions.
There are a number of ways in which the free flow of
information can be restricted. Governments can censor the
media, restrict access to the internet, and intimidate
journalists. Individuals and organizations can also restrict the
flow of information by refusing to disclose information or by
spreading misinformation.
The free flow of information is a fundamental right that is
essential for democracy to function effectively. Governments
and individuals have a responsibility to protect this right.
Here are some of the benefits of the free flow of information:
 Informed citizens: When citizens have access to
information, they are better able to make informed
decisions about their lives and their government.
 Accountable government: When the government is
transparent and accountable, it is less likely to engage in
corruption or abuse of power.
 Increased participation: When citizens are informed
about the issues, they are more likely to participate in
the political process.
 Improved governance: When the government is open
and transparent, it is more likely to provide better
services to its citizens.
The free flow of information is essential for a healthy
democracy. It allows citizens to make informed decisions,
hold their government accountable, and participate in the
political process.
Overall, the free flow of information is a foundational
element of democracy. It enables citizens to exercise their
rights and responsibilities, ensures transparency and
accountability in governance, promotes public participation,
and strengthens the legitimacy and trustworthiness of
democratic institutions.

Q8. What do you mean by Third party Information? What are


the pre-decisional and post decisional rights of the third
party? Briefly Explain.
Third party information is information that is held by a public
authority but which relates to or has been supplied by a third
party. Under the Right to Information Act, 2005 (RTI Act), a
public authority is required to disclose information to any
person who makes a request for it, unless the information is
exempt from disclosure. However, if the information relates
to a third party, the public authority must first give the third
party an opportunity to make representations about whether
the information should be disclosed.
The pre-decisional rights of a third party under the RTI Act
are as follows:
 The third party has the right to be informed of the
request for information that relates to them.
 The third party has the right to make representations to
the public authority about whether the information
should be disclosed.
 The third party has the right to be heard by the public
authority before a decision is made about whether to
disclose the information.
The post-decisional rights of a third party under the RTI Act
are as follows:
 The third party has the right to appeal to the Central
Information Commission (CIC) if they are not satisfied
with the decision of the public authority to disclose the
information.
 The third party has the right to seek judicial review of
the decision of the CIC.
The RTI Act provides a number of safeguards to protect the
privacy of third parties. These safeguards include the
requirement for public authorities to give third parties an
opportunity to make representations about whether
information should be disclosed, and the right of third parties
to appeal to the CIC or the courts if they are not satisfied with
a decision to disclose information.
It is important to note that the RTI Act does not prevent the
disclosure of information that is in the public interest. If a
public authority believes that the disclosure of information is
in the public interest, it may disclose the information even if
the third party objects. However, the public authority must
be able to justify its decision to disclose the information in
the public interest.
Q.9 Explain the powers of the Election Commission
regarding the conducting of the fair Election and also
Explain the right voter's receive about the information of
the candidate contesting Elections. Refer to the relevant
decided cases of the Supreme Court.
The Election Commission of India (ECI) is an autonomous
constitutional body responsible for conducting elections to
the Parliament of India, the state legislatures, and the offices
of the President and Vice President of India. The ECI has been
vested with wide powers under the Constitution to ensure
free and fair elections.
Some of the powers of the ECI include:
 Power to decide the dates of elections: The ECI has the
sole authority to decide the dates of elections to the
Parliament, state legislatures, and the offices of the
President and Vice President of India.
 Power to delimit electoral constituencies: The ECI is
responsible for delimiting the boundaries of electoral
constituencies in India. This is done every 25 years, or
sooner if necessary.
 Power to register political parties: The ECI has the power
to register political parties that meet certain criteria.
Registered political parties are eligible to contest
elections.
 Power to allot election symbols: The ECI allots election
symbols to political parties and candidates.
 Power to supervise the election process: The ECI has the
power to supervise the entire election process, from the
nomination of candidates to the counting of votes.
 Power to take disciplinary action: The ECI has the power
to take disciplinary action against political parties and
candidates who violate the election code of conduct.
The ECI also has the power to issue directions to the
government and the state governments to ensure free and
fair elections.
The right to information about the candidates contesting
elections is an important right of the voters. This right is
guaranteed by the Right to Information Act, 2005.
The RTI Act gives voters the right to seek information about
the candidates' assets, liabilities, educational qualifications,
criminal records, and other matters.
The Supreme Court has held that the ECI has a duty to
provide voters with adequate information about the
candidates contesting elections. In the case of People's Union
for Civil Liberties v. Union of India, the Supreme Court held
that the ECI must publish a comprehensive affidavit by each
candidate containing information about their assets,
liabilities, educational qualifications, criminal records, and
other matters.
The Supreme Court also held that the ECI must make this
information available to voters in a timely manner, at least 30
days before the election.
The right to information about the candidates contesting
elections is an important tool for voters to make informed
choices. It helps voters to assess the candidates' suitability for
office and to hold them accountable for their actions.
Here are some of the relevant decided cases of the Supreme
Court:
 People's Union for Civil Liberties v. Union of India
(2002): In this case, the Supreme Court held that the ECI
has a duty to provide voters with adequate information
about the candidates contesting elections. The Court
held that the ECI must publish a comprehensive affidavit
by each candidate containing information about their
assets, liabilities, educational qualifications, criminal
records, and other matters. The Court also held that the
ECI must make this information available to voters in a
timely manner, at least 30 days before the election.
 Kuldip Nayar v. Union of India (2005): In this case, the
Supreme Court held that the ECI has the power to
regulate the use of money and other resources in
elections. The Court held that the ECI can impose limits
on the amount of money that candidates can spend on
their campaigns. The Court also held that the ECI can
prohibit the use of certain resources, such as
government vehicles and employees, in election
campaigns.
 Association for Democratic Reforms v. Union of India
(2002): In this case, the Supreme Court held that the ECI
has the power to deregister political parties that violate
the election code of conduct. The Court held that the ECI
can deregister a political party if it finds that the party
has indulged in corrupt practices or has violated the
Model Code of Conduct.
The powers of the ECI and the rights of the voters are
essential to ensure free and fair elections in India. The ECI has
a vital role to play in protecting the democratic process and
ensuring that the people of India have the right to choose
their representatives freely.
Q10. How a Central Information Commission Constituted?
What are the eligibility criteria and term of office are
prescribed?
The Central Information Commission (CIC) is a statutory body
constituted under the Right to Information Act, 2005. The CIC
is responsible for ensuring that the Right to Information Act is
implemented effectively.
The CIC is constituted by the President of India on the
recommendation of a committee consisting of the Prime
Minister as Chairperson, the Leader of Opposition in the Lok
Sabha and a Union Cabinet Minister to be nominated by the
Prime Minister.
The CIC consists of a Chief Information Commissioner (CIC)
and not more than ten Information Commissioners (ICs). The
CIC and the ICs are appointed by the President of India on the
recommendation of the committee.
The eligibility criteria for appointment as the CIC or an IC are
as follows:
 The person should be a citizen of India.
 The person should have been a judge of the Supreme
Court or of a High Court for at least five years.
 The person should have been a member of the Central
or a State Public Service for at least ten years.
 The person should have been an eminent person in the
field of education, science, technology, social service,
management, journalism, mass media or administration
and governance.
The term of office of the CIC and the ICs is six years. They can
be reappointed for a second term.
The CIC and the ICs are paid a salary and allowances that are
equivalent to the salary and allowances of a judge of the
Supreme Court.
The CIC has the following powers:
 To receive and inquire into complaints from any person
who has been denied access to information under the
Right to Information Act.
 To direct a public authority to provide information to a
person who has requested for it.
 To impose penalties on public authorities for not
providing information under the Right to Information
Act.
 To make recommendations to the government on
measures to improve the implementation of the Right to
Information Act.
The CIC is an important institution for ensuring transparency
and accountability in the government. It plays a vital role in
helping citizens to access information about the government
and to hold the government accountable for its actions.
Q11. What do you mean by Right to know? Does right to
information is a violation of Human Rights?
The right to know is the right of individuals to access
information held by public bodies. It is a fundamental human
right that is enshrined in law in many countries. The right to
know allows individuals to participate in decision-making
processes that affect them, to hold governments and other
public bodies accountable, and to protect their rights and
freedoms.
The right to know is not a violation of human rights. On the
contrary, it is essential for the protection of human rights.
Without the right to know, individuals cannot effectively
participate in decision-making processes, hold governments
accountable, or protect their rights and freedoms.
There are some exceptions to the right to know, such as when
the information is classified for national security reasons.
However, these exceptions must be narrowly construed and
must be justified by a compelling government interest.

The right to know is the right of individuals to access


information held by public bodies. It is a fundamental human
right that is enshrined in law in many countries. The right to
know allows individuals to participate in decision-making
processes that affect them, to hold governments and other
public bodies accountable, and to protect their rights and
freedoms.
The right to know is not a violation of human rights. On the
contrary, it is essential for the protection of human rights.
Without the right to know, individuals cannot effectively
participate in decision-making processes, hold governments
accountable, or protect their rights and freedoms.
There are some exceptions to the right to know, such as when
the information is classified for national security reasons.
However, these exceptions must be narrowly construed and
must be justified by a compelling government interest.
The right to know is an essential human right that is essential
for the protection of other human rights. It is a right that
should be upheld and protected in all countries.
Here are some examples of how the right to know can be
used to protect human rights:
 Individuals can use the right to know to access
information about government plans and policies that
could affect their rights. For example, individuals could
use the right to know to access information about a
government plan to build a new highway that would go
through their neighborhood.
 Individuals can use the right to know to hold
governments accountable for their actions. For example,
individuals could use the right to know to access
information about a government agency that has been
accused of corruption.
 Individuals can use the right to know to protect their
rights and freedoms. For example, individuals could use
the right to know to access information about a
government agency that is collecting data on their
activities.
Right to know is a human right enshrined in law in several
countries. UNESCO defines it as the right for people to
"participate in an informed way in decisions that affect them,
while also holding governments and others accountable". It
pursues universal access to information as essential
foundation of inclusive knowledge societies. It is often
defined in the context of the right for people to know about
their potential exposure to environmental conditions or
substances that may cause illness or injury, but it can also
refer more generally to freedom of information or informed
consent.

The right to know is not a violation of human rights. In fact, it


is essential for the protection of human rights. Without the
right to know, people cannot participate in decision-making
that affects them, hold governments and others accountable,
or protect themselves from harm.

There are a number of ways in which the right to know can be


violated. Governments can restrict access to information,
either by making it difficult to obtain or by classifying it as
secret. Businesses can also restrict access to information, for
example by refusing to disclose the ingredients in their
products or the safety of their workplaces.

The right to know is an important tool for protecting human


rights. By ensuring that people have access to information,
we can help to ensure that they are able to participate in
decision-making, hold governments and others accountable,
and protect themselves from harm.

Here are some examples of how the right to know has been
used to protect human rights:

In the United States, the Freedom of Information Act (FOIA)


allows people to request information from the government.
This has been used to expose government wrongdoing, such
as the Watergate scandal.
In India, the Right to Information Act (RTI) gives people the
right to request information from government and private
organizations. This has been used to hold government
officials accountable for corruption and mismanagement.
In South Africa, the Promotion of Access to Information Act
(PAIA) gives people the right to access information held by
the government. This has been used to help people who have
been victims of human rights abuses.
The right to know is an essential human right that helps to
protect people from harm and ensure that they have a say in
the decisions that affect their lives.

Q12. What do you mean by "Good Faith"? When can an


action taken in good faith by the public authority be
protected under the RTI Act,2005?
edit
Good faith is an honest intention to do the right thing. In the
context of the Right to Information Act, 2005 (RTI Act), it
means that a public authority has acted honestly and
reasonably in providing or refusing to provide information.
Section 21 of the RTI Act provides that no suit, prosecution or
other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done
under this Act or any rule made thereunder. This means that
if a public authority acts in good faith in providing or refusing
to provide information, it cannot be sued or prosecuted for
its actions.
There are a number of factors that the courts will consider in
determining whether a public authority has acted in good
faith. These factors include:
 The purpose of the action
 The information that was requested
 The steps that were taken to gather and provide the
information
 The reasons for refusing to provide the information
If the courts find that a public authority has acted in good
faith, it will be protected from legal action.
Here are some examples of when an action taken in good
faith by the public authority can be protected under the RTI
Act,2005:
 A public authority provides information to a requester
even though it is not required to do so by law.
 A public authority refuses to provide information to a
requester because the information is confidential or
would harm national security.
 A public authority takes reasonable steps to gather and
provide information to a requester, but is unable to do
so because the information is not available or is
incomplete.
It is important to note that the protection of good faith under
the RTI Act is not absolute. If a public authority acts in bad
faith, it can still be sued or prosecuted for its actions. Bad
faith can be found if the public authority acted with the
intent to deceive or mislead the requester, or if it acted with
reckless disregard for the requester's rights.

Q13. What do you mean by the disposal of application? What


procedure is to be followed under section 7 of the Right to
Information Act,2005 for the disposal of the request for
seeking information?
Section 7- Disposal of request
The disposal of an application under the Right to Information
Act, 2005 (RTI Act) refers to the process of processing and
responding to a request for information made by a citizen.
The procedure for the disposal of an RTI application given in
section 7 of RTI Act is as follows:
1. The application must be received by the Public
Information Officer (PIO) of the concerned public
authority.
2. The PIO must acknowledge the receipt of the application
within 3 days of receiving it.
3. The PIO must decide whether or not to provide the
information requested within 30 days of receiving the
application.
4. If the PIO decides to provide the information, he/she
must do so within 45 days of receiving the application.
5. If the PIO decides not to provide the information, he/she
must give the applicant a written reason for the refusal.
6. The applicant can appeal the decision of the PIO to the
First Appellate Authority (FAA) within 30 days of
receiving the refusal letter.
7. The FAA must decide the appeal within 30 days of
receiving it.
8. The applicant can appeal the decision of the FAA to the
Central Information Commission (CIC) within 90 days of
receiving the decision of the FAA.
9. The CIC must decide the appeal within 45 days of
receiving it.
10. If the information is concerning the Life and Liberty
of a person that information has to be provided within
48 hours of receiving a request.

The RTI Act also provides for a number of safeguards to


ensure that the process of disposal of applications is fair and
transparent. These safeguards include:
 The right to appeal against the decision of the PIO to the
FAA and the CIC.
 The right to seek a review of the decision of the FAA and
the CIC.
 The right to compensation for any loss or damage
caused by the non-disclosure of information.
The RTI Act has been a major success in promoting
transparency and accountability in the Indian government.
The Act has empowered citizens to demand information from
the government and hold it accountable for its actions. The
Act has also helped to improve the quality of governance in
India by making the government more responsive to the
needs of its citizens.

2021
Q1. What do you mean by Public Authority?
Refer 2022
Q2. Can the Right to Information be given to foreigners also?
Explain
Yes, the Right to Information (RTI) can be given to foreigners
in India. The RTI Act does not explicitly bar foreigners from
seeking information, and the courts have held that there is no
absolute bar on disclosure of information to foreigners.
However, there are some exceptions. For example, the RTI
Act does not apply to information that is classified or that
would endanger national security. Additionally, the RTI Act
does not apply to information that is personal or confidential.
In general, foreigners can seek information from public
authorities in India under the RTI Act. However, there are
some restrictions on the type of information that can be
disclosed. Foreigners should contact the public authority they
are seeking information from to determine if the information
they are seeking is available under the RTI Act.
Here are some examples of cases where foreigners have been
successful in seeking information under the RTI Act:
 In 2012, a Tibetan national was granted information
about the number of Tibetans living in India.
 In 2013, a foreign journalist was granted information
about the number of foreigners who had been granted
visas to India in the past year.
 In 2014, a foreign NGO was granted information about
the government's plans for a new airport in Delhi.
These cases show that foreigners can be successful in seeking
information under the RTI Act, even if the information they
are seeking is about a sensitive topic. However, it is important
to note that there are some restrictions on the type of
information that can be disclosed. Foreigners should contact
the public authority they are seeking information from to
determine if the information they are seeking is available
under the RTI Act.

Q3. Write the full form of ACR's


In the context of the Right to Information Act, 2005, ACR
stands for Annual Confidential Report.
An ACR is a confidential document that contains information
about the performance of an employee. It is used to assess
the employee's suitability for promotion or other benefits.
The RTI Act does not explicitly mention ACRs, but it does
provide for the disclosure of information that is "in the public
interest". In some cases, the disclosure of an ACR may be in
the public interest, such as when it is necessary to investigate
allegations of corruption or misconduct. However, in general,
the disclosure of ACRs is not considered to be in the public
interest, and public authorities are not required to disclose
them.
Here are some of the reasons why the disclosure of ACRs is
not considered to be in the public interest:
 ACRs contain personal information about employees,
and the disclosure of this information could have a
negative impact on their privacy.
 ACRs are often subjective and can be influenced by
personal biases.
 The disclosure of ACRs could discourage employees from
giving their honest opinions and feedback.
In conclusion, the disclosure of ACRs is not considered to be
in the public interest under the RTI Act, 2005. Public
authorities are not required to disclose ACRs, and they may
choose to withhold them even if they are requested under
the RTI Act.
Q4.What do you mean by Competent Authority?
Refer Q1. 2022
Q5. Explain the severability under RTI Act,2005
Severability is a legal principle that allows a court to strike
down a part of a law that is unconstitutional, without
invalidating the entire law. This principle is also applied in the
Right to Information Act, 2005 (RTI Act).
Section 10 of the RTI Act provides for the severability of
information that is exempt from disclosure. This means that if
a request for information is rejected on the ground that it is
exempt from disclosure, the public authority may still provide
access to the part of the information that is not exempt.
For example, if a request is made for the minutes of a
meeting of a government committee, and the minutes
contain some information that is exempt from disclosure,
such as the names of confidential sources, the public
authority may still provide access to the rest of the minutes.
The severability provision is important because it ensures
that the public can still access information, even if some of
the information is exempt from disclosure. This is because
the public has a right to know about the workings of the
government, and the severability provision helps to ensure
that this right is not unduly restricted.
The severability provision has been upheld by the courts. In
the case of Central Bureau of Investigation v. Subhash
Chandra Agrawal, the Supreme Court held that "the principle
of severability would apply to the RTI Act and any provision of
the Act which is found to be unconstitutional would be liable
to be struck down, leaving the rest of the Act intact."
The severability provision is a valuable tool that can be used
to ensure that the public has access to information, even if
some of the information is exempt from disclosure. This is an
important principle that helps to protect the public's right to
know.
Q6. What is the essential pre-condition for access to
information and right to know?
The essential preconditions for access to information and
right to know are:
 Freedom of speech and expression: The right to freedom
of speech and expression is a fundamental right
guaranteed by the Constitution of India. This right
includes the right to seek and receive information.
 Transparency: Transparency is the principle that
government should be open and accountable to the
public. This means that the government should be
transparent in its decision-making process and should
make information about its activities available to the
public.
 Accountability: Accountability is the principle that
government officials should be held responsible for their
actions. This means that the public should be able to
hold government officials accountable for their decisions
and actions.
These preconditions are essential for ensuring that the public
has access to information and the right to know. Without
these preconditions, the public would not be able to hold
government officials accountable and would not be able to
participate in the democratic process.
In addition to these preconditions, there are a number of
other factors that can contribute to the right to know, such
as:
 A strong legal framework: A strong legal framework is
essential for protecting the right to know. This
framework should include laws that guarantee the right
to access information and laws that punish those who
violate the right to know.
 An independent and free media: An independent and
free media is essential for ensuring that the public has
access to information. The media can play a vital role in
holding government officials accountable and in
informing the public about government activities.
 An educated and aware citizenry: An educated and
aware citizenry is essential for ensuring that the public
can use the right to know effectively. Citizens need to be
aware of their right to access information and they need
to be able to understand the information that they
receive.
The right to know is a fundamental right that is essential for a
healthy democracy. The preconditions for access to
information and right to know are essential for ensuring that
the public can exercise this right.
Q7. Discuss the powers and functions of Central Information
Commission.
The Central Information Commission (CIC) is an independent
statutory body that was established under the Right to
Information Act, 2005 (RTI Act). The CIC is responsible for
ensuring that the RTI Act is implemented effectively and that
the public has access to information held by government
bodies.
The CIC has the following powers and functions:
 Receive and inquire into complaints: The CIC can receive
complaints from any person who has been denied access
to information under the RTI Act. The CIC can also suo
moto inquire into any matter relating to the RTI Act.
 Direct disclosure of information: The CIC can direct a
public authority to disclose information that has been
denied to a person under the RTI Act.
 Impose penalties: The CIC can impose penalties on
public authorities that fail to comply with the RTI Act.
 Make recommendations: The CIC can make
recommendations to the government on how to
improve the implementation of the RTI Act.
The CIC is an important institution for ensuring transparency
and accountability in government. The CIC's powers and
functions help to ensure that the public has access to
information about government activities and that
government officials are held accountable for their actions.
In addition to the above, the CIC also has the following
powers:
 Review orders of State Information Commissions: The
CIC can review orders of State Information Commissions
(SICs) on appeals filed by aggrieved persons.
 Lay down guidelines: The CIC can lay down guidelines for
the effective implementation of the RTI Act.
 Conduct awareness campaigns: The CIC can conduct
awareness campaigns about the RTI Act.
The CIC has played a significant role in promoting
transparency and accountability in government. The CIC's
decisions have helped to ensure that the public has access to
information about government activities and that
government officials are held accountable for their actions.
The CIC is an important institution for a healthy democracy.
The CIC's powers and functions help to ensure that the public
can participate in the democratic process and hold
government officials accountable.
Q8. What are the main objectives of Right to Information
Act,2005?
The Right to Information Act, 2005 (RTI Act) is an Act of the
Parliament of India that gives citizens of India the right to
information under the control of public authorities. The Act
was passed on 15 June 2005 and came into force on 12
October 2005.
The main objectives of the RTI Act are:
 To promote transparency and accountability in
government.
 To empower citizens to participate in the democratic
process.
 To curb corruption.
 To improve governance.
The RTI Act has been hailed as a landmark legislation that has
the potential to transform India into a more transparent and
accountable democracy. The Act has been used by citizens to
access information on a wide range of issues, including
government contracts, development projects, and corruption
allegations.
The RTI Act has also been used to hold government officials
accountable for their actions. In a number of cases, the RTI
Act has led to the resignation of government officials and the
cancellation of government contracts.
The RTI Act is a powerful tool that can be used by citizens to
hold government officials accountable and to improve
governance. The Act has the potential to transform India into
a more transparent and accountable democracy.
Here are some of the benefits of the RTI Act:
 Transparency: The RTI Act has made government more
transparent by making it easier for citizens to access
information about government activities.
 Accountability: The RTI Act has made government more
accountable by making it easier for citizens to hold
government officials to account for their actions.
 Reduced corruption: The RTI Act has helped to reduce
corruption by making it more difficult for government
officials to engage in corrupt activities without being
caught.
 Improved governance: The RTI Act has helped to
improve governance by making it easier for citizens to
participate in the decision-making process and to hold
government officials to account for their actions.
The RTI Act is a powerful tool that can be used by citizens to
make a difference in their communities. The Act has the
potential to transform India into a more transparent and
accountable democracy.
Q9. Powers of election Commission
Refer Q9.2022
Q10 Under what circumstances a person can seek
information directly from the concerened information
commission. Explain with reference to relevant provisions of
RTI Act,2005.
A person can seek information directly from the concerned
Information Commission (IC) under the following
circumstances:
 If the information sought is not provided by the public
authority within 30 days of the request: Section 7(1) of
the RTI Act, 2005, states that a public authority must
provide information to a person who requests it within
30 days of the request. If the information is not provided
within 30 days, the person can appeal to the IC.
 If the information sought is refused by the public
authority: Section 8 of the RTI Act, 2005, lists the
categories of information that are exempt from
disclosure. If a public authority refuses to provide
information that is not exempt from disclosure, the
person can appeal to the IC.
 If the information sought is not provided in a language
that the person understands: Section 10 of the RTI Act,
2005, states that information must be provided in a
language that the person understands. If the information
is not provided in a language that the person
understands, the person can appeal to the IC.
 If the information sought is not provided in a format that
is accessible to the person: Section 10 of the RTI Act,
2005, also states that information must be provided in a
format that is accessible to the person. If the
information is not provided in a format that is accessible
to the person, the person can appeal to the IC.
To appeal to the IC, the person must file an appeal with the IC
within 30 days of the date of the refusal or the date of the
last communication from the public authority. The appeal
must be filed in writing and must state the reasons for the
appeal. The IC will then investigate the matter and issue an
order.
The IC's order is binding on the public authority. If the public
authority does not comply with the IC's order, the person can
file a contempt petition in the court.
Here are the relevant provisions of the RTI Act, 2005:
 Section 7: This section states that a public authority
must provide information to a person who requests it
within 30 days of the request.
 Section 8: This section lists the categories of information
that are exempt from disclosure.
 Section 10: This section states that information must be
provided in a language that the person understands and
in a format that is accessible to the person.
 Section 19: This section states that a person can appeal
to the IC if the information sought is not provided by the
public authority within 30 days of the request, if the
information sought is refused by the public authority, if
the information sought is not provided in a language
that the person understands, or if the information
sought is not provided in a format that is accessible to
the person.
 Section 20: This section states that the IC's order is
binding on the public authority.
 Section 21: This section states that if the public authority
does not comply with the IC's order, the person can file a
contempt petition in the court.
Q11 What do you mean by "Right to Information”? In what
forms and ways, it is to be exercised.
The Right to Information (RTI) is a law that gives citizens the
right to access information held by the government. The RTI
Act was passed in India in 2005, and it has been credited with
making the government more transparent and accountable.
The RTI Act gives citizens the right to request information
from any government office, including the central
government, state governments, and local governments. The
information can be about anything that is held by the
government, including records, files, reports, and even
opinions.
There are a few exceptions to the RTI Act. For example, the
government can refuse to disclose information that is:
 Secret or confidential
 Likely to cause harm to national security or foreign
relations
 Likely to prejudice the conduct of an investigation
 Likely to cause harm to the reputation of a person
To exercise your right to information, you can file an RTI
application with the government office that holds the
information you are seeking. The application must be in
writing and must specify the information you are requesting.
You can file an RTI application in person, by mail, or by email.
The government office is required to respond to your RTI
application within 30 days. If the office does not respond
within 30 days, you can file an appeal with the Central
Information Commission (CIC). The CIC is an independent
body that is responsible for resolving RTI disputes.
The RTI Act has been a powerful tool for citizens to hold the
government accountable. It has helped to expose corruption,
improve public services, and make the government more
transparent. If you have a question about the government,
you should consider filing an RTI application.
Here are some of the ways in which the Right to Information
can be exercised:
 Filing an RTI application with the government office that
holds the information you are seeking.
 Attending public hearings and meetings where
government officials are discussing important issues.
 Contacting your elected representatives and asking them
to investigate issues that concern you.
 Joining a non-governmental organization (NGO) that is
working to promote transparency and accountability in
the government.
 Writing articles or blog posts about the importance of
the Right to Information.
 Speaking out about the need for greater transparency
and accountability in the government.
The Right to Information is a powerful tool that can be used
to make the government more accountable to the people. By
exercising your right to information, you can help to ensure
that the government is working for the benefit of all citizens.
Q12. Third party Information
Refer Q8. 2022
Q13. What are the grounds of filing an appeal under Right to
Information act? What are the time limits for filing first and
Second Appeal?
The Right to Information (RTI) Act, 2005, gives citizens the
right to access information held by the government. If you
are not satisfied with the response of the Public Information
Officer (PIO) to your RTI application, you can file an appeal.
The grounds for filing an appeal under the RTI Act are:
 The PIO has refused to provide the information you have
requested.
 The PIO has provided you with incomplete or incorrect
information.
 The PIO has charged you an unreasonable fee for the
information.
 The PIO has taken an unreasonable amount of time to
respond to your request.
You can file an appeal with the First Appellate Authority (FAA)
within 30 days of the date of the PIO's decision. The FAA is an
independent body that is responsible for reviewing RTI
appeals.
If you are not satisfied with the decision of the FAA, you can
file a second appeal with the Central Information Commission
(CIC) or the State Information Commission (SIC). The CIC and
the SIC are independent bodies that are responsible for
resolving RTI disputes at the national and state levels,
respectively.
The time limit for filing a second appeal is 90 days from the
date of the FAA's decision.
Here are some tips for filing an effective appeal:
 Be clear and concise in your appeal.
 State the specific grounds on which you are appealing
the decision.
 Provide evidence to support your arguments.
 Be polite and respectful in your appeal.
Filing an appeal can be a daunting task, but it is an important
right that you have under the RTI Act. By exercising your right
to appeal, you can help to ensure that the government is held
accountable for its actions.

2018
Q1.What does Right to Information mean?
Refer 2021 Q11
Q2. What does Public authority mean?
Refer 2022 Q2
Q3. Voter's right to Information?
Voter's Right to Information is the right of voters to access
information about candidates and political parties before
elections. This information can include the candidates'
backgrounds, their positions on issues, and their financial
disclosures. Voters' Right to Information is important because
it allows voters to make informed decisions about who to
vote for.
There are a number of ways that voters can access
information about candidates and political parties. One way is
to visit the websites of the candidates and political parties.
Another way is to read newspapers and magazines. Voters
can also attend political rallies and debates.
In India, the Right to Information Act (RTI Act) gives citizens
the right to access information held by the government. This
includes information about candidates and political parties.
The RTI Act has been used by voters to obtain information
about candidates' backgrounds, their positions on issues, and
their financial disclosures.
Voters' Right to Information is an important tool for
democracy. It allows voters to make informed decisions about
who to vote for. By exercising their right to information,
voters can help to ensure that the government is accountable
to the people.
Here are some of the benefits of Voter's Right to Information:
 Increased voter participation.
 Improved quality of elections.
 Reduced corruption.
 Strengthened democracy.
There are a number of challenges to Voter's Right to
Information. One challenge is that the information that is
available may not be accurate or complete. Another
challenge is that voters may not be aware of their right to
information or how to access it.
Despite these challenges, Voter's Right to Information is an
important tool for democracy. By exercising their right to
information, voters can help to ensure that the government is
accountable to the people.

Q4. Right to Information and Community participation


The Right to Information (RTI) is a law that gives citizens the
right to access information held by the government. The RTI
Act was passed in India in 2005, and it has been credited with
making the government more transparent and accountable.
Community participation is the involvement of people in the
decision-making process. It is important for a number of
reasons, including:
 It can help to ensure that decisions are made in the best
interests of the community.
 It can help to build trust between the community and
the government.
 It can help to improve the quality of decisions.
The RTI can be used to promote community participation in a
number of ways. For example, it can be used to:
 Obtain information about government programs and
services.
 Hold government officials accountable.
 Make suggestions for improvement.
The RTI has been used by communities to improve a wide
range of services, including:
 Education
 Health care
 Infrastructure
 Environment
The RTI has also been used to hold government officials
accountable for corruption and mismanagement.
The RTI is a powerful tool that can be used to promote
community participation and improve governance. By
exercising their right to information, citizens can help to make
their communities a better place to live.
Here are some examples of how the RTI has been used to
promote community participation:
 In one village, the RTI was used to obtain information
about the government's plans for a new school. The
villagers were able to use this information to make
suggestions for improvement, and the school was
eventually built to meet the needs of the community.
 In another village, the RTI was used to hold the
government accountable for the poor quality of the
water supply. The villagers were able to use the
information they obtained to pressure the government
to improve the water supply, and the quality of the
water has since improved significantly.
 In a third village, the RTI was used to expose corruption
in the local government. The villagers were able to use
the information they obtained to file a complaint with
the police, and the corrupt officials were eventually
arrested.
These are just a few examples of how the RTI can be used to
promote community participation and improve governance.
By exercising their right to information, citizens can help to
make their communities a better place to live.
Q5. Whistle Blowers
A whistle-blower is a person who exposes information about
alleged corruption, fraud, or other wrongdoing within an
organization or institution. Whistle-blowers may be
employees, former employees, or members of the public.
They may report their concerns to government agencies, law
enforcement, or the media.
Whistle-blowers play an important role in holding
organizations accountable for wrongdoing. They can help to
prevent fraud, corruption, and other crimes. They can also
help to protect the public from harm.
However, whistle-blowers often face retaliation for their
actions. They may be fired, demoted, or harassed. They may
also be threatened with violence or legal action.
Here are some Indian whistleblowers:
 Satyendra Dubey
 Lalit Mehta
 Shashidhar Mishra
 Avijit Misra
 G. Jeetendra Ghadge
 Hemant Goswami
 Vishwa Bandhu Gupta
 Rinku Singh Rahi
 Anand Rai
 Rajnish Rai
 Shanmugam Manjunath
 Shehla Masood

Here are some Indian whistleblowers:


 Satyendra Dubey
 Lalit Mehta
 Shashidhar Mishra
 Avijit Misra
 G. Jeetendra Ghadge
 Hemant Goswami
 Vishwa Bandhu Gupta
 Rinku Singh Rahi
 Anand Rai
 Rajnish Rai
 Shanmugam Manjunath
 Shehla Masood
These whistle-blowers have exposed corruption in various
sectors of the Indian government and private industry. They
have faced threats, intimidation, and even death for their
actions, but they have continued to speak out against
corruption. Their courage and determination have helped to
make India a more transparent and accountable society.
Here are some of the things that these whistle-blowers have
exposed:
 Corruption in the construction of the Golden
Quadrilateral highway
 Corruption in the Mahatma Gandhi National Rural
Employment Guarantee scheme
 Corruption in the allocation of coal blocks
 Corruption in the Rafale fighter jet deal
 Corruption in the 2G spectrum scam
The work of these whistle-blowers has had a significant
impact on Indian society. They have helped to raise
awareness of corruption, and they have put pressure on the
government to take action. Their work has also inspired
others to speak out against corruption, and it has helped to
create a more culture of transparency and accountability in
India.
Q6. What is reporting procedure and Penalty provision as per
the right to information act,2005?
The Right to Information (RTI) Act, 2005 is an Act of the
Parliament of India that gives citizens the right to information
from all government departments and public bodies. The Act
was passed in May 2005 and came into force on 12 October
2005.
The reporting procedure under the RTI Act is as follows:
1. The applicant must submit an RTI application to the
concerned public authority.
2. The public authority must respond to the RTI application
within 30 days of receiving it.
3. If the public authority does not respond to the RTI
application within 30 days, the applicant can file a
complaint with the Central Information Commission
(CIC) or the State Information Commission (SIC).
4. The CIC or the SIC will investigate the complaint and
issue a decision within 90 days.
The penalty provision under the RTI Act is as follows:
 If a public authority fails to provide information under
the RTI Act, it can be fined up to Rs. 25,000.
 If a public authority knowingly provides incorrect or
misleading information under the RTI Act, it can be fined
up to Rs. 10,000.
 If a public authority obstructs someone from exercising
their right to information under the RTI Act, it can be
fined up to Rs. 5,000.
The RTI Act is a powerful tool that citizens can use to hold the
government accountable. By exercising their right to
information, citizens can ensure that the government is
transparent and responsive to their needs.
Here are some of the benefits of the RTI Act:
 It helps to promote transparency and accountability in
government.
 It helps to empower citizens and give them a voice in
government.
 It helps to reduce corruption and improve governance.
 It helps to improve the delivery of public services.
The RTI Act has been a major success since it was enacted in
2005. It has helped to expose corruption, improve
governance, and empower citizens. The RTI Act is a valuable
tool for promoting transparency and accountability in
government.
Q7. Right to information and exemption from disclosure.
Refer above
Q8. Public authority under Article 12 of Indian Constitution?

Article 12 of the Indian Constitution defines the term "State"


for the purposes of Part III of the Constitution, which deals
with Fundamental Rights. The article states that "the State"
includes the Government and Parliament of India, the
Government and Legislature of each of the States, and "all
local or other authorities within the territory of India or
under the control of the Government of India".
The term "public authority" is not defined in the Constitution,
but it has been interpreted by the courts to include any body
or organization that exercises a public function. This includes
government agencies, statutory bodies, and private
organizations that are performing a public function on behalf
of the government.
The definition of "public authority" is important because it
determines who is subject to the Fundamental Rights. For
example, if a private company is performing a public function,
it may be required to respect the Fundamental Rights of its
employees and customers.
Here are some examples of public authorities:
 Government departments
 Statutory bodies
 Local bodies
 Universities
 Hospitals
 Public schools
 Public transport companies
 Private companies that are performing a public function
on behalf of the government
The definition of "public authority" is not static, and it may be
expanded or contracted by the courts in future cases.

Q9. Obligations of Public Authorities


The Right to Information Act, 2005 (RTI Act) is an Act of the
Parliament of India that gives citizens the right to information
under the control of public authorities. The Act came into
force on 12 October 2005.
Section 4 of the RTI Act defines the obligations of public
authorities. Every public authority must:
 Maintain all its records duly catalogued and indexed in a
manner that facilitates easy dispersal of information
under the right to information under this Act.
 Ensure that all appropriate records are computerised
and connected through a network all over the country
on different systems for easy access.
 Publish information pertaining to its organisation,
functions, and duties.
 Explain publicly the powers and duties of its officers and
employees.
 Enunciate the procedure followed in its decision-making
process, and the norms and rules followed by it in
discharging its functions.
 Issue a statement of the categories of documents that
are held by it or are under its control.
 Publish a directory of its officers and the system of
remuneration for their services.
 Make public details of its Public Information Officer such
as name, designation and contact details.
In addition to these obligations, public authorities are also
required to:
 Provide information to the public in a timely manner.
 Provide information in a language that is understandable
to the public.
 Provide information free of charge, unless there is a fee
prescribed by law.
 Provide information in a format that is convenient for
the public to use.
The RTI Act has been hailed as a major step towards
transparency and accountability in the Indian government. It
has empowered citizens to demand information from the
government and hold it accountable for its actions. The Act
has also helped to improve the quality of governance in India.
If you are denied information under the RTI Act, you have the
right to appeal to the Central Information Commission or the
State Information Commission. The Information Commissions
are independent bodies that are responsible for ensuring that
the RTI Act is implemented effectively.
Q10. How a Central Information Commission Constituted?
What are the eligibility criteria and term of office are
prescribed?
Refer Q10 2022
Q11. Q7. Discuss the powers and functions of Central
Information Commission.
Refer Q7 2021
Q12. Q11. What do you mean by Right to know? Does right to
information is a violation of Human Rights?
Refer Q11.2021

2017
Q1. Freedom Of Expression
Freedom of expression is the right to express one's opinions
and ideas without fear of retaliation, censorship, or legal
sanction. It is a fundamental human right that is enshrined in
the Universal Declaration of Human Rights and international
human rights law. Freedom of expression is essential for a
number of reasons. It allows people to share their ideas and
opinions, which is essential for a healthy democracy. It also
allows people to hold those in power accountable. Freedom
of expression is also important for the development of
knowledge and culture. When people are free to express
themselves, they are more likely to share new ideas and
insights, which can lead to progress in a variety of fields.
There are a number of ways that freedom of expression can
be restricted. Governments can censor the media, restrict
access to information, or prosecute people for expressing
their opinions. Individuals and groups can also restrict
freedom of expression by engaging in violence, threats, or
intimidation.
It is important to defend freedom of expression, even when it
is expressed in ways that we disagree with. Freedom of
expression is not just about the right to say things that we
agree with. It is also about the right to say things that we
disagree with. When we restrict freedom of expression, we
are not just silencing those with whom we disagree. We are
also silencing ourselves.
Here are some ways to defend freedom of expression:
 Speak out against censorship and restrictions on the
media.
 Support organizations that are working to protect
freedom of expression.
 Get involved in your community and make your voice
heard.
 Use your own voice to express your opinions and ideas.
Freedom of expression is a fundamental human right that is
essential for a healthy democracy. We must all do our part to
defend it.
Q2. Right to Privacy
The right to privacy is the right to be left alone. It is the right
to control your personal information and to decide who has
access to it. The right to privacy is important for a number of
reasons. It allows people to feel safe and secure. It also allows
people to make their own decisions about their lives without
interference from others.
The right to privacy is not absolute. There are times when the
government or other organizations may need to collect
personal information. However, these intrusions must be
justified and must be done in a way that respects people's
privacy.
Here are some ways to protect your right to privacy:
 Be careful about what information you share online.
 Use strong passwords and security settings.
 Be aware of the privacy policies of the websites and
apps you use.
 Ask questions before you give out your personal
information.
The right to privacy is a fundamental human right. We must
all do our part to protect it.
Q3. Protection of Whistle Blowers
Whistle-blowers are people who report wrongdoing, such as
corruption, fraud, or waste, to the authorities. Whistle-
blower play an important role in holding those in power
accountable and protecting the public interest. However,
Whistle-blower often face retaliation from their employers or
others who are involved in the wrongdoing.
There are a number of ways to protect whistle-blowers.
These include:
 Enacting laws that protect Whistle-blower from
retaliation.
 Creating independent agencies that can investigate
whistle-blower complaints.
 Providing Whistle-blower with financial assistance and
legal support.
Whistle-blower protection is essential to ensure that people
feel safe to report wrongdoing. When Whistle-blower are
protected, they can help to uncover corruption and other
forms of wrongdoing that would otherwise go undetected.
In India, the Whistle-blowers Protection Act, 2014 was
enacted to provide protection to whistle-blowers. The Act
provides for a number of safeguards, including:
 Protection from retaliation, including dismissal,
demotion, or transfer.
 Protection from disclosure of identity.
 Financial assistance and legal support.
The Act also establishes a Central Whistle-blowers Protection
Authority to investigate complaints of retaliation and to
provide other assistance to whistle-blowers.
Whistle-blower protection is an important issue that deserves
our attention. By protecting whistle-blowers, we can help to
ensure that they are able to report wrongdoing without fear
of retaliation.
Q4. Right to access
The right to access refers to the fundamental right of
individuals to access information held by public authorities or
government bodies. It encompasses the ability to seek,
receive, and obtain information about government activities,
decisions, policies, and public services.
The right to access is typically supported by legislation, such
as the Right to Information Act or similar laws, which provide
a framework for individuals to request and receive
information from public authorities. These laws outline the
process for making information requests, timelines for
response, exemptions or restrictions on certain information,
and mechanisms for appeals or grievances.
The right to access is crucial for upholding democratic values,
promoting transparency, and ensuring the accountability of
public authorities. It empowers individuals to actively
participate in society, hold institutions accountable, and make
informed decisions that affect their lives and the well-being
of their communities.
Q5. Main Objects of RTI act
Refer Q6.2022
Q6. What do you mean by Information? What is the time
limit to get information and what is the fee prescribed for the
information process?
Under the Right to Information Act, 2005 (RTI Act),
information means any material in any form, including
records, documents, papers, and opinions. It includes both
physical and electronic records. The information can be about
any activity of the government, including its policies,
decisions, and actions.
The time limit to get information under the RTI Act is 30 days.
The public authority is required to respond to your RTI
application within 30 days of the receipt of the application. If
the public authority fails to respond to your RTI application
within 30 days, you can file a complaint with the Central
Information Commission or the State Information
Commission.
However, if the information concerns the life or liberty of a
person, the time limit is reduced to 48 hours. In some cases,
when the application is submitted through the Assistant
Public Information Officer (APIO) or when additional time is
required due to a large quantity of information, the time limit
can be extended up to 45 days.
The fee prescribed for the information process under the RTI
Act is Rs. 10 for the first 100 words of information and Rs. 2
for every additional 50 words. However, there is no fee for
information sought by persons belonging to the Scheduled
Castes, Scheduled Tribes, and the Below Poverty Line (BPL)
category.
Here are some examples of the types of information that can
be requested under the RTI Act:
 Records of government meetings and decisions;
 Copies of government orders and circulars;
 Information about government schemes and programs;
 Information about government employees, including
their salaries and benefits;
 Information about government contracts and tenders;
 Information about government land and property.
The RTI Act is a powerful tool that can be used to access
information about the government's activities. If you have a
question about the government's activities, you can use the
RTI Act to request information from the government. The
government is required to provide you with the information
you request, unless there is an exemption under the RTI Act.
Q7. How a Central Information Commission Constituted?
What are the eligibility criteria of appointment?
Refer Q10 2022
Q8. Is "Right to Know" a Fundamental Right. Explain with the
help of case laws.
Yes, the right to know is a fundamental right. It is derived
from the right to freedom of speech and expression
guaranteed under Article 19(1)(a) of the Constitution of India.
The right to know is essential for a healthy democracy. It
allows citizens to participate in the decision-making process
and to hold the government accountable.
There are a number of case laws that have upheld the right to
know. In the case of People's Union for Civil Liberties v. Union
of India, the Supreme Court held that the right to know is an
integral part of the right to freedom of speech and
expression. The Court also held that the right to know is
essential for the exercise of other fundamental rights, such as
the right to equality and the right to life.
In the case of Subhash Chandra Agarwal v. Chief Information
Commissioner, the Supreme Court held that the right to know
is not absolute. The Court held that the government can
withhold information if it is necessary to protect national
security, public safety, or the privacy of individuals.
The right to know is an important right that helps to ensure
transparency and accountability in government. It is a right
that should be cherished and protected.
Here are some of the case laws that have upheld the right to
know:
 People's Union for Civil Liberties v. Union of India (1997)
 Subhash Chandra Agarwal v. Chief Information
Commissioner (2009)
 Central Bureau of Investigation v. Association for
Democratic Reforms (2009)
 Common Cause v. Union of India (2012)
 National Campaign for People's Right to Information v.
Union of India (2013)
These cases have established that the right to know is an
essential part of the right to freedom of speech and
expression. They have also held that the government cannot
withhold information simply because it is embarrassing or
inconvenient. The right to know is a fundamental right that
should be cherished and protected.
Q9. What do you mean by Right to obtain Information and
on What grounds the application for Right to get Information
can be rejected?
The Right to obtain Information is the right of a person to
access any information that is held by a public authority. This
right is guaranteed by the Right to Information Act, 2005 (RTI
Act). The RTI Act gives citizens the right to:
 Seek information from any public authority;
 Obtain a copy of any record held by a public authority;
 Inspect any work, document, or record held by a public
authority;
 Take notes, extracts, or certified copies of any record
held by a public authority;
 Obtain 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;
 Appeal to the Central Information Commission or the
State Information Commission against the decision of a
public authority.
The RTI Act has been hailed as a landmark legislation that has
helped to promote transparency and accountability in the
Indian government. The Act has also been credited with
empowering citizens and helping them to hold the
government accountable.
The RTI Act is a powerful tool that can be used to access
information about the government's activities. If you have a
question about the government's activities, you can use the
RTI Act to request information from the government. The
government is required to provide you with the information
you request, unless there is an exemption under the RTI Act.
The RTI Act allows the government to withhold information in
certain cases. These cases are called exemptions. The
exemptions are listed in Section 8 of the RTI Act. Some of the
common exemptions are:
 Information that is likely to endanger the security of the
State;
 Information that is likely to lead to a breach of privilege
of Parliament or State Legislature;
 Information that is likely to cause a contempt of Court;
 Information that is likely to prejudice the security of any
person;
 Information that is likely to cause a breach of the
Fundamental Rights of any person;
 Commercial confidence, trade secrets or intellectual
property, the disclosure of which would harm the
competitive position of a third party;
 Personal information that would cause harm to the
privacy of any person.
If the government refuses to provide information on the
grounds of an exemption, it must give you a written
explanation of the reasons for the refusal. You can then
appeal the decision to the Central Information Commission or
the State Information Commission.
The RTI Act is a powerful tool that can be used to access
information about the government's activities. If you have a
question about the government's activities, you can use the
RTI Act to request information from the government. The
government is required to provide you with the information
you request, unless there is an exemption under the RTI Act.
Q10. What are the Powers and Functions of Information
Commission?
Refer Q7. 2021
Q11. Write down an Essay on Right To Information and
Human Rights Violation.
Title: Right to Information and Human Rights Violation:
Empowering Accountability and Ensuring Transparency
Introduction: The right to information and the prevention of
human rights violations are intertwined, as access to
information plays a crucial role in empowering individuals,
promoting transparency, and holding authorities accountable.
The Right to Information (RTI) is a fundamental human right
that allows individuals to seek, receive, and access
information held by public authorities. By exercising this
right, citizens can uncover human rights violations, expose
corruption, and ensure government accountability.
Role of Right to Information in Preventing Human Rights
Violations:
1. Uncovering Hidden Truths: The RTI empowers
individuals to dig deeper and uncover hidden truths
behind human rights violations. By accessing
information about government actions, policies, and
decisions, individuals can expose unlawful practices and
hold those responsible accountable.
2. Promoting Transparency: Transparency is vital in
preventing human rights violations. The RTI enables
citizens to scrutinize the actions of public authorities,
ensuring that they operate in an open and accountable
manner. Access to information helps reveal any
discrepancies or abuses of power, fostering transparency
and deterring human rights violations.
3. Accountability and Redress: The RTI acts as a catalyst for
accountability and redress mechanisms. When violations
occur, victims or concerned citizens can use the RTI to
gather evidence, seek information on investigations or
legal proceedings, and demand justice. The availability
of information increases the likelihood of effective
redress and discourages impunity.
4. Empowering Civil Society and Activists: Access to
information empowers civil society organizations and
activists to monitor government activities, policies, and
projects. Armed with information, they can advocate for
human rights, expose violations, and push for reforms.
The RTI strengthens the capacity of civil society to act as
a check on governmental power.
5. Preventing Discrimination and Abuse: The RTI is a
valuable tool in combating discrimination and
preventing abuses of power. It enables individuals to
access information about their rights, entitlements, and
protections. By obtaining relevant information,
vulnerable populations can challenge discriminatory
practices and ensure their rights are upheld.
Case Studies:
1. Satyendra Dubey Case (India): Satyendra Dubey, a
government engineer, exposed corruption in a major
infrastructure project. Despite receiving death threats,
Dubey was denied protection. His murder highlighted
the importance of whistleblower protection and access
to information in preventing human rights violations.
2. WikiLeaks: The release of classified documents by
WikiLeaks shed light on human rights abuses,
government surveillance, and unlawful military actions.
These disclosures fueled public outrage, led to
investigations, and brought perpetrators to justice.
Conclusion: The Right to Information is a powerful tool in
preventing human rights violations by enabling individuals to
access crucial information, promoting transparency, and
ensuring accountability. By exercising this right, individuals
and civil society organizations can uncover hidden truths,
advocate for justice, and challenge abuses of power.
Governments must recognize and uphold the right to
information as an essential component of human rights
protection. Empowering individuals with information is
instrumental in creating a just and transparent society where
human rights violations are exposed and prevented.
Q12. What is the role of Central/State Government, with
regard to Right to Information process?
The Central and State Governments play a key role in the
Right to Information (RTI) process. They are responsible for:
 Enacting and implementing the RTI Act: The Central
Government enacted the RTI Act in 2005, and the State
Governments have all passed their own RTI Acts. The
Governments are responsible for ensuring that the RTI
Act is implemented effectively and that citizens have
access to information held by the government.
 Providing training and awareness: The Central and State
Governments are responsible for providing training and
awareness about the RTI Act to government officials,
citizens, and civil society organizations. This is important
to ensure that everyone understands their rights under
the RTI Act and how to use it to access information.
 Providing information: The Central and State
Governments are responsible for providing information
to citizens upon request. This includes information about
government policies, programs, and activities. The
Governments must also provide information about the
RTI Act itself, including how to file an RTI request, how to
appeal a decision, and the consequences of refusing to
provide information.
 Overseeing the RTI process: The Central and State
Governments are responsible for overseeing the RTI
process to ensure that it is fair and transparent. This
includes investigating complaints about RTI violations
and taking action against those who violate the law.
The Central and State Governments have a critical role to play
in ensuring that the RTI Act is implemented effectively and
that citizens have access to information. By enacting and
implementing the RTI Act, providing training and awareness,
and providing information, the Governments can help to
make the RTI Act a powerful tool for transparency and
accountability.
Here are some specific examples of how the Central and State
Governments have played a role in the RTI process:
 The Central Government has set up a Central
Information Commission (CIC) to oversee the
implementation of the RTI Act. The CIC is an
independent body that hears appeals from citizens who
have been denied information by government agencies.
 The State Governments have also set up their own State
Information Commissions (SICs) to oversee the
implementation of the RTI Act.
 The Central and State Governments have also published
guidelines and manuals on how to file RTI requests and
how to appeal decisions.
 The Central and State Governments have also conducted
training programs for government officials and citizens
on the RTI Act.
 The Central and State Governments have also taken
steps to make information more accessible to citizens,
such as publishing government records online.
The RTI Act has been a major success in India. It has helped to
increase transparency and accountability in government, and
it has empowered citizens to hold the government
accountable. The Central and State Governments have played
a key role in the success of the RTI Act, and they will continue
to play a vital role in ensuring that the RTI Act is implemented
effectively.

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