RTI Presentation Sem 3
RTI Presentation Sem 3
RTI Presentation Sem 3
Sunny Raj
5 Yrs BA.LLB(H)
Semester III
Roll No. 15
SUBMITTED TO
Ms. Usha Saha
Assistant Professor
[Procedure for Access to of Law
Information as per RTI Act 2005]
Last but not least, I thank each and every teacher, friends and
everyone who have helped me in Right to Information. Thanks to all
of you.
SUNNY RAJ
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Table of Content
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CHAPTER-01
INTRODUCTION
In an era characterized by the rapid exchange of information and the increasing emphasis on
transparency, the Right to Information (RTI) Act, 2005 stands as a pivotal legislation that empowers
citizens to actively participate in the democratic process. Enacted with the aim of fostering
accountability, openness, and responsiveness in government institutions, the RTI Act grants
individuals the right to access information held by public authorities.
As we navigate the complexities of governance and seek to ensure that the pillars of democracy
remain robust, understanding the procedures outlined in the RTI Act becomes paramount. This project
delves into the intricacies of accessing information through the RTI Act, providing a comprehensive
guide for individuals keen on utilizing this powerful tool to unravel the workings of government
machinery.
Through this exploration, we aim to demystify the process of filing RTI applications, shed light on the
rights conferred by the Act, and equip individuals with the knowledge needed to navigate potential
challenges. By empowering citizens with the ability to seek and obtain information, we contribute to
the larger narrative of an informed and engaged citizenry, fostering a culture of accountability and
transparency in our democratic society.
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1.1 Objectives:
The objectives of the study on the procedure to access information as per the RTI Act, 2005
are:
1. Understanding the Legislative Framework:
- Provide a comprehensive understanding of the key provisions and principles laid out in
the RTI Act, 2005.
- Analyze the legislative intent behind the enactment of the RTI Act and its significance in
promoting transparency and accountability.
2. Clarifying Rights and Responsibilities:
- Outline the rights bestowed upon citizens by the RTI Act, emphasizing the empowerment
of individuals to seek information from public authorities.
- Clarify the responsibilities of public authorities in proactively disclosing information and
responding to RTI applications within the stipulated timelines.
3. Navigating the Application Process:
- Break down the procedural steps involved in filing an RTI application, from drafting
effective queries to submitting requests to the relevant authorities.
- Provide practical insights and tips on how to frame inquiries to maximize the chances of
obtaining the desired information.
4. Addressing Challenges and Pitfalls:
- Identify common challenges faced by individuals while accessing information under the
RTI Act.
- Offer solutions and strategies to overcome potential obstacles, such as delays in response,
denials, or inadequate information disclosure.
5. Promoting Awareness and Education:
- Raise awareness about the existence and provisions of the RTI Act among the general
public.
- Emphasize the role of education in empowering citizens to exercise their right to
information effectively.
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6. Assessing the Impact of RTI Implementation:
- Evaluate the effectiveness of the RTI Act in promoting transparency, accountability, and
citizen engagement.
- Examine case studies or examples where the RTI Act has led to positive outcomes or
improvements in governance.
7. Proposing Recommendations for Improvement:
- Suggest potential amendments or improvements to the RTI Act based on the study's
findings and emerging challenges.
- Advocate for measures that enhance the accessibility and efficiency of the RTI application
process.
8. Contributing to a Knowledge Repository:
- Compile and disseminate information on best practices, case studies, and success stories
related to the utilization of the RTI Act.
- Contribute to the creation of a knowledge repository that serves as a valuable resource for
both researchers and practitioners in the field of transparency and governance.
By addressing these objectives, the study aims to equip individuals, civil society
organizations, and policymakers with the knowledge and tools necessary to navigate the
procedural intricacies of the RTI Act, fostering a culture of openness and accountability in
governance.
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1.2 Research Questions
What are the key legislative provisions and principles outlined in the RTI Act, 2005?
How does the legislative intent behind the RTI Act contribute to promoting
transparency and accountability in governance?
What rights are conferred upon citizens by the RTI Act for accessing information
from public authorities?
How do public authorities perceive and fulfill their responsibilities in proactively
disclosing information and responding to RTI applications?
What are the procedural steps involved in filing an effective RTI application?
How can individuals frame inquiries to maximize the likelihood of obtaining the
desired information?
To what extent are citizens aware of the existence and provisions of the RTI Act?
How does education contribute to empowering citizens to exercise their right to
information effectively?
These are some of the questions we are trying to find out in this study.
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1.3 Review of Literature
In the making of this research we used different books, journals and different websites
on the internet.
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CHAPTER-02
RESEARCH METHODOLOGY
This paper is Doctrinal and Analytical in nature we used different books journals and
websites on the internet to find the articles related to right to information. As the paper is
doctrinal in nature so we have to Investigate the historical development of the legal doctrine,
tracing its origins, evolution, and any significant changes in legal thought or societal norms
that have influenced its interpretation.
We also had to Conduct a comprehensive review of existing legal literature, statutes, case
law, and scholarly articles relevant to the chosen legal doctrine. Identify key concepts,
debates, and gaps in the existing literature.
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CHAPTER-03
Overview
The Right to Information (RTI) Act, 2005 is a landmark legislation enacted by the
Government of India, aimed at promoting transparency, accountability, and openness in the
functioning of public authorities. Enacted on October 12, 2005, the RTI Act empowers Indian
citizens to access information held by government bodies, effectively fostering a culture of
informed citizenry and participatory governance.
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- A nominal fee may be charged for filing an RTI application, which helps cover the costs
associated with processing the request. However, certain categories of individuals, such as
those below the poverty line, may be exempt from paying fees.
8. Appeal Mechanism:
- If an applicant is dissatisfied with the response or if no response is received within the
prescribed time, an appeal can be made to higher authorities, including the Information
Commission at the state and central levels.
9. Whistleblower Protection:
- The RTI Act provides protection to whistleblowers, ensuring that individuals who expose
corruption or malpractice are shielded from victimization.
10. Penalties for Non-Compliance:
- Public officials failing to comply with the provisions of the RTI Act may face penalties,
including fines and disciplinary action.
The RTI Act, 2005, has played a pivotal role in transforming the information landscape in
India, allowing citizens to actively participate in governance by making informed decisions.
It stands as a powerful tool in holding public authorities accountable and fostering a
transparent and responsive democratic system.
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CHAPTER-04
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- In 2002, the government introduced the Freedom of Information Bill in the Parliament.
This bill aimed to provide for the right to information and the manner in which such
information should be accessed. However, it faced criticism for being insufficiently robust.
7. Civil Society Mobilization:
- Civil society groups and activists played a crucial role in mobilizing public opinion in
favor of a stronger right to information law. The grassroots movements and advocacy
campaigns put pressure on the government to enact a more comprehensive and effective
legislation.
In light of these factors, the government recognized the need for a more robust legal
framework that would grant citizens a fundamental right to access information. The RTI Act,
2005 was eventually enacted, providing a statutory basis for the right to information and
establishing a mechanism for citizens to exercise this right effectively. The Act has since
empowered citizens, enhanced transparency, and contributed to the overall accountability of
public authorities in India.
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4.1 Other Judicial precedents affecting it
Several judicial precedents in India have played a pivotal role in shaping and reinforcing the
right to information, both before and after the enactment of the RTI Act, 2005. Some key
judicial decisions that have significantly influenced the landscape of transparency and access
to information include:
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7. Central Board of Secondary Education (CBSE) vs. Aditya Bandopadhyay (2011):
- The Supreme Court, in this case, clarified that the right to information was not confined to
citizens alone but extended to all persons, reinforcing the inclusive nature of the right.
These judicial precedents collectively contributed to the jurisprudence surrounding the right
to information in India. They helped shape the legal framework and set the stage for the
enactment of the RTI Act, reinforcing the principles of transparency, accountability, and the
right of citizens to access information held by public authorities.
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CHAPTER-05
Information Defined
As per the Right to Information (RTI) Act, 2005, the term "information" is broadly defined to
encompass any material in any form, including records, documents, memos, emails, opinions,
advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models,
data material held in any electronic form, and information related to any private body that can
be accessed by a public authority under any other law for the time being in force.
The definition is intentionally comprehensive, covering a wide range of materials and formats
to ensure that citizens have the right to access a broad spectrum of information held by public
authorities. This inclusivity is in line with the Act's overarching objective of promoting
transparency and accountability in the functioning of government bodies. It allows citizens to
seek information on various aspects of government activities, decision-making processes, and
public policies, thereby facilitating informed participation in the democratic process.
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5.1 What information can be disclosed
The Right to Information (RTI) Act, 2005 is designed to promote transparency and empower
citizens by granting them access to information held by public authorities. The Act stipulates
that citizens have the right to access any information held by or under the control of public
authorities. However, there are certain limitations and exemptions outlined in the Act
regarding the types of information that can be disclosed.
The following categories of information can generally be disclosed under the RTI Act:
8. Third-Party Information:
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- Information about a third party may be disclosed if it is in the larger public interest and
does not infringe on the privacy of the third party.
It's important to note that while the RTI Act promotes transparency, there are exemptions
outlined in the Act where certain information may not be disclosed. Exemptions include
information related to national security, personal privacy, trade secrets, and information that
could compromise law enforcement efforts. The Act strikes a balance between the right to
information and the need to protect sensitive or confidential information.
Applicants seeking information through the RTI Act should carefully consider the provisions
and exemptions outlined in the Act and frame their requests accordingly. Public authorities
are required to provide information unless it falls under the specified exemptions.
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5.2 What information can not be disclosed
While the Right to Information (RTI) Act, 2005 promotes transparency and accountability,
there are certain categories of information that are exempt from disclosure. These exemptions
are specified in Sections 8 and 9 of the RTI Act. Here are some key categories of information
that generally cannot be disclosed under the RTI Act:
8. Third-Party Information:
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- Information which relates to personal information of a third party and has been provided
under a contractual obligation, the disclosure of which has no relationship to any public
activity or interest or would cause unwarranted invasion of privacy.
9. Scientific and Economic Research:
- Information including commercial confidence, trade secrets, or intellectual property, the
disclosure of which would harm the competitive position of a third party or interfere with the
contractual agreements.
It's important to note that while certain information is exempt from disclosure, the RTI Act
also outlines a public interest override. This means that if the public interest in disclosing the
information outweighs the harm to the protected interests, the information may still be
disclosed. Each case is considered on its merits, and public authorities must justify their
decisions when denying information based on exemptions.
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CHAPTER-06
PROCEDURE OF FILING AN RTI APPLICATION
(step by step Guide)
In Filing a Right to Information (RTI) application in India involves a straightforward process.
Here is a step-by-step guide on how to file an RTI application:
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- If you submit the application in person or by post, consider using a postal or courier
service that provides tracking options. This will help you monitor the status of your
application.
7. Await Response:
- Public authorities are generally required to respond to RTI applications within 30 days
from the date of receipt. In case of a delay, the PIO must provide reasons for the extension.
8. Receive the Information or Explanation:
- Once processed, the public authority will either provide the requested information or
explain any valid reasons for denying access. If the information is denied, the PIO must
specify the relevant section of the RTI Act under which the denial is made.
9. Appeal, if Necessary:
- If you are dissatisfied with the response or if you do not receive a response within the
stipulated time, you have the right to file an appeal with the relevant Appellate Authority.
The appeal should be filed within 30 days of receiving the response or within 30 days from
the date the response was due.
Remember that the RTI Act provides a powerful tool for citizens to seek information and
promote transparency. Ensure that your RTI application is precise and clearly articulates the
information you are seeking, and be aware of your rights in the appeal process if needed.
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6.1 1st and 2nd Appeal Explained
In the context of the Right to Information (RTI) Act, the 1st appeal and 2nd appeal are stages
in the grievance redressal mechanism available to individuals who are dissatisfied with the
response received from the Public Information Officer (PIO) or public authority regarding
their RTI application.
1. First Appeal:
- When to File: If an individual is not satisfied with the response received from the PIO or
does not receive a response within the stipulated time frame of 30 days, they can file a first
appeal.
- Appellate Authority: The first appeal is addressed to the designated First Appellate
Authority (FAA) within the same public authority to which the RTI application was initially
submitted.
- Time Limit: The first appeal should be filed within 30 days of the date of receiving the
PIO's response or within 30 days from the date the response was due.
- Content of the Appeal: The appellant should clearly state the grounds of appeal, reasons
for dissatisfaction with the PIO's response or non-response, and any additional information
supporting their case.
- Fee: No additional fee is required for filing a first appeal.
2. Second Appeal:
- When to File: If the appellant is dissatisfied with the decision of the First Appellate
Authority or does not receive a response within the stipulated time frame of 45 days, they can
file a second appeal.
- Appellate Authority: The second appeal is addressed to the Information Commission –
either the State Information Commission or the Central Information Commission, depending
on whether the public authority is at the state or central level.
- Time Limit: The second appeal should be filed within 90 days of receiving the decision of
the First Appellate Authority or within 90 days from the date the decision was due.
- Content of the Appeal: The appellant needs to provide reasons for dissatisfaction with the
First Appellate Authority's decision and any additional information supporting their case.
- Fee: A nominal fee may be required for filing a second appeal. However, individuals
below the poverty line are usually exempt from paying this fee.
Key Points:
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- Both the first appeal and second appeal provide individuals with opportunities to challenge
decisions made by the PIO or First Appellate Authority.
- The Information Commissions have the authority to review decisions, order the release of
information, impose penalties for non-compliance, and provide other necessary remedies.
- The appeals process is crucial for ensuring accountability and transparency in the
functioning of public authorities, as it allows individuals to seek redressal when their right to
information is denied or compromised.
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Chapter-07
Landmark judgements
Several landmark judgments in India have shaped the jurisprudence surrounding the Right to
Information (RTI) Act, establishing important principles and clarifications. Here are some
notable judgments:
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- The Delhi High Court emphasized the proactive disclosure obligations of public
authorities. The judgment stressed the need for timely and effective disclosure of information
in the public domain, promoting a culture of openness.
8. Bharti Airtel Ltd. v. Rohit Rathi (2020):
- The Supreme Court clarified that telecom companies are public authorities under the RTI
Act, and they are obligated to provide information about users and recharge details. This
decision extended the reach of the RTI Act to certain private entities.
These judgments have played a significant role in interpreting the provisions of the RTI Act,
expanding its scope, and reinforcing the citizens' right to access information as an essential
element of democracy. They continue to guide the application and implementation of the RTI
Act in India.
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Chapter-08
CONCLUSION
In conclusion, the Right to Information (RTI) Act, 2005 stands as a cornerstone in India's
pursuit of transparency, accountability, and informed democratic participation. The
legislative framework, shaped by the RTI Act, has provided citizens with a powerful tool to
access information held by public authorities, fostering a culture of openness and civic
engagement.
Through the lens of legislative intent, the Act reflects a commitment to democratizing
information, recognizing it as a fundamental right crucial for the functioning of a vibrant
democracy. Over the years, landmark judicial decisions have further strengthened this
commitment, upholding the right to information as an integral part of the broader right to
freedom of speech and expression.
The procedural aspects of filing an RTI application, coupled with the avenues of appeal,
underscore the importance of a robust grievance redressal mechanism. The first and second
appeals provide citizens with recourse when their right to information is denied or
compromised, reinforcing the accountability of public authorities.
Notable judgments have expanded the ambit of the RTI Act, ensuring that it remains dynamic
and responsive to the evolving needs of society. These decisions have emphasized
transparency not only in the realms of governance but also in crucial areas such as elections,
education, and judicial appointments.
As the RTI Act continues to empower citizens and hold public authorities accountable, it
contributes significantly to the broader narrative of participatory democracy. The Act serves
as a catalyst for a more informed citizenry, enabling individuals to make meaningful
contributions to the democratic process.
While challenges may persist, and the Act's implementation requires ongoing vigilance, the
Right to Information Act, 2005, remains a pivotal instrument in building a governance
framework that is responsive, transparent, and ultimately accountable to the people it serves.
As India moves forward, the principles embedded in the RTI Act will continue to shape the
contours of a more open and participatory democracy.
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