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