Professional Documents
Culture Documents
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Quotes Emphasizing the need for RTI Secrecy as part of Administrative Setup Initiatives and Cases leading upto RTI Defining RTI, Coverage and functionality
The Real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused. Mahatma Gandhi
"I believe that the passage of this Bill will see the dawn of a new era in our processes of governance, an era of performance and efficiency, an era which will ensure that benefits of growth flow to all sections of our people, an era which will eliminate the scourge of corruption, an era which will bring the common man's concern to the heart of all processes of governance, an era which will truly fulfill the hopes of the founding fathers of our Republic
Speech in Parliament on May 11, 2005- Dr. Manmohan Singh Prime Minister of India
The Right to Information is a fundamental right under the Constitution of India Asking for and being given information as a matter of right is called Right to Information Information is necessary for protection of the right to life and liberty. It is therefore a part of Article 21 Information is necessary to form and express opinions, dissent or support on any matter. It is therefore a part of Article 19 (1)(a)
The Indian Bureaucracy has inherited administrative culture of secrecy as a colonial and feudal legacy. Secrecy has been the most common culture of bureaucratic culture. The official Secrets Act, 1923 Section 123 of the Indian Evidence Act, 1872, provides that the head of the department can refuse to part with an information. Rule 11 of the Central Services(Conduct) Rules, 1964 prohibits a government servant to part with any official document. Rule 9 of the All India Services(Conduct) Rules, 1968 prohibits any communication of Information
Global Scenario
USA Act, 1966 -amended after Watergate 56 Countries have already enacted the Right to Information (North America, Most of Europe, Australia, Columbia, Peru, Japan)
Peoples right to have access to official information Freedom of Information as Fundamental Human Right
Union of India v. Association for Democratic Reforms (2002) 5 SCC 294the court recognized the citizens fundamental right to information and even went to the extend saying that such a right should be recognized and fully effectuated
Onkar Lal Bajaj v. Union of India(2003) 2 SCC 673 Articles 21 & 14-right to information-allotment of retail outlets, distributorships and dealerships of petroleum products-political patronage for allotment was alleged by the press-Under such circumstances, the public in general has a right to know under what basis their elected representatives got such allotments.
Provides a legal framework of citizens democratic right to access to information under the control of public authorities; To promote transparency and accountability in the functioning of every public authority
Preamble
to the Act What does it say ?
Informed citizenry and transparency of information are vital to the functioning of our democratic republic to contain corruption to hold Government and their instrumentalities accountable to the governed.
Covers all of India except Jammu and Kashmir. Covers central, state and local governments, and
all bodies owned, controlled or substantially financed; non-government organisation substantially financed,
directly or indirectly by funds provided by the appropriate Government (2(h)) Covers executive, judiciary and legislature (2(e) Includes information relating to private body which can be accessed by under any other law for the time being in force (2(f))
Definition of Right to Information [Section 2(j)] Right to information accessible under the RTI Act which is held by or under the control of any public authority and includes the right to i)
Inspection of work, documents, records Taking notes, extracts or certified copies of documents of records; Taking certified samples of material; Obtaining 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
Definition of Information [Section 2 (f)] Any material in any form, including Records, Documents, Memos, E-mails, Opinions, Advices, Press Releases, Circulars, Orders, Logbooks, Contracts, Reports, Papers, Samples, Models, Data material held in any electronic form and Information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
Public Authority means any authority or body or institution established or constituted By or under the constitution; By any other law made by Parliament; By any other law made by State Legislature; By notification issued or order made by the appropriate Government and includes any i) body owned, controlled or substantially financed, ii) non - Government organization substantially financed directly or indirectly by funds provided by the appropriate Government;
[Sec. 6 & 7]
Application Process
or
giving
30 days
must be given within 48 hrs
If information concerns life and liberty of a person If information is given by third party then invite objections if any No action on application for 30 days
deemed refusal
In 30 days if direct to PIO In 35 days if through APIO In 48 hours if life & liberty at stake If redirected, in 5 days If not given in time, deemed refused If further fees required, period between dispatch of request and deposit of fees will not count
Functions of PIO
Deal with requests for information Offer reasonable assistance to applicant Provide access-enabling assistance to sensorily disabled Seek assistance from any other officer as
considered necessary
For the purpose of contravention of this act, such other officer will be treated as PIO.
writing, PIO will assist to reduce oral request to writing) In Hindi, English, Official language of the area Accompanied by prescribed fee No reason required No personal details required except for contacting To be transferred to another public authority if pertains to them (in 5 days) applicant to be informed
[Sec. 6, 7]
Fees payable
Must be reasonable. No fees for Below Poverty Line applicant Application fees prescribed by appropriate Govt. (Rs.50/-)
Rs. 2/- per page; Rs. 50/- per floppy, others and samples - actual cost; inspection 1st hour free, Rs. 5/ - every subsequent 15min Requestor may seek review of the fees from the Appellate Authority if it is unreasonable
Time between date of dispatch of intimation about fees and actual payment excluded while calculating 30 day time limit
If information is not given within time limit it must be given free of cost
(a) National security (b) Contempt of court (c) Parliamentary privilege (d) Trade secrecy (e) Fiduciary relationship (f) Foreign government (g) Safety of informer in law enforcement (h) Investigation (i) Cabinet papers (j) Privacy (K) Copyright - disclosure which would involve an infringement of copyright subsisting in a person other than the State may be rejected. [Section 9]
and any other intelligence or security organisation established by State govts. Matters relating to corruption and human rights violations covered by law must be given Information can be given only if concerned IC approves Time limit 45 days
Special Branch (CID) Andaman and Nicobar Crime Branch (CID) Dadra and Nagar Haveli Special Branch Lakshadweep Police
The officer senior in rank to the PIO in the concerned public authority (Within 30 days from the date of refusal letter but delay may be condoned if sufficient cause is shown) Time limit = 30 days
Appeal against ICs decision can be filed in High Courts/Supreme Court, not lower courts
Penalty Provisions
[Sec. 20-21]
IC can penalise PIO Rs. 250/- per day up to a maximum of Rs. 25,000/- for Refusal to receive application Not furnishing information within time limit Malafidely denying information Knowingly giving incorrect, incomplete, misleading information Destroying information which was the subject of request Obstructing furnishing of information in any manner For persistent violation of the law IC can recommend disciplinary action Without reasonable cause
1 Greater Transparency: With a view to ensuring maximum disclosure of information regarding government rules, regulations and decisions, every public authority is mandated to maintain all its records. This has increased the interaction between the public authorities and the society.
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2.
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3.
Information and knowledge regarding the activities of the government is easily available now. The Govt. is easily assessable.
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4. Reduction in Corruption:
Lack of transparency and accountability encourage the government officials to indulge in corrupt practices, which result in lower investments due to misuse or diversion of funds for private purposes. But RTI Act has reduced corruption to a great deal because Govt. is aware of the fact that now it can be asked for any type of information so it needs to be cautious.
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5. Greater Accountability:
It means that the Govt. is required or expected to justify actions or decisions which it is taking. If anyone isnt getting the benefits which come under the Govt. policies then he/she can make use of RTI Act.
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CASES/LIVE EXAMPLES
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1. In Ghara Katara village of Shankar Garh block in Allahabad, daily wagers had a tough time arranging a proper meal as they were not receiving rations on their cards. On December 19, 2006, some 21 villagers prepared RTI applications and questioned the administration. The very next day all the ration card holders got their rations.
2.The Act is influencing people to come forward and question the progress on
various welfare schemes, creating a positive change in the most backward areas like Eastern UP, Bihar, Jharkhand, Madhya Pradesh , Karnataka , Assam and in Maharashtra. For e.g. Laborer employment programs initiated in UP and Bihar.
Adarsh Society Scam Public Distribution Scam in Assam Appropriation of Relief Funds IIMs Admission Criteria
The largest democratic nation, India has survived all vicissitudes, turbulences of all kinds over the last half century and more. In that context, the bringing into being of the RTI has been an important milestone. The Act that came into being last year assures every citizen the right to know what the citizen should, and throws open the system of governance to total transparency and therefore inescapable accountability.