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Research Paper on Right to Information Act, 2005

Research Paper on Right to Information Act, 2005

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Published by a_adhau
This is a research paper on Right to Information Act, 2005 which can help students in their academic projects.
This is a research paper on Right to Information Act, 2005 which can help students in their academic projects.

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Categories:Types, Research, Law
Published by: a_adhau on Oct 04, 2009
Copyright:Attribution Non-commercial


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The Right to Information Act 2005 is unique and one its kind. It has beenenacted for the convenience of the citizens of the country and to maintain thetransparency between the government working and the public who are the beneficiaries. As the Act aims at making the government transparent and moreaccountable, the effective use of it would, in a long run, curb corruption.If we do not have information on how our Government and Public Institutionsfunction, we cannot express any informed opinion on it. Democracy revolves aroundthe basic idea of Citizens being at the center of governance. And the freedom of the press is an essential element for a democracy to function. It is thus obvious that themain reason for a free press is to ensure that Citizens are informed. Thus it clearlyflows from this that the Citizens Right to Know is of apex importance.Right to Information is a Fundamental Right and guaranteed as per Article 19and 21 of the Constitution of India. It is part of the Fundamental Right to Freedom of Speech and Expression recognized by the Constitution and various Supreme Courtdecisions. This act has repealed the Freedom of Information Act, 2002.The Act does not emphasize active intervention in educating people about their rightto access information- without widespread education and awareness about the possibilities under the new Act; it could just remain on paper. The Act also reinforcesthe controlling role of the government official, who retains wide discretionary powersto withhold information.However it can be said without any hesitation that India has finally woken upto realize that right to information is a key component in the attainment of economic,social and political rights of an individual as well as the community at large,
Right to Information is a Fundamental Right and guaranteed as per Article 19and 21 of the Constitution of India. It is part of the Fundamental Right to Freedom of Speech and Expression recognized by the Constitution and various Supreme Courtdecisions. The
Right to Information Act 2005
(Act No. 22/2005)
is a law enacted bythe Parliament of India giving citizens of India access to records of the CentralGovernment and State Governments. The Act applies to all States and UnionTerritories of India, except the State of Jammu and Kashmir - which is covered under a State-level law. Under the provisions of the Act, any citizen (including the citizenswithin J&K) may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for informationformally.
The RTI Laws were first successfully enacted by the state governments — Tamil Nadu (1997), Goa (1997), Rajasthan (2000), Karnataka (2000), Delhi (2001),Maharashtra (2002), Madhya Pradesh (2003), Assam (2002) and Jammu and Kashmir (2004).The Maharashtra and Delhi State level enactments are considered to have beenthe most widely used. The Delhi and J&K Right to Information Acts are still in force.The first draft of the Right to Information Bill was presented to Parliament on 22December 2004. After intense debate, more than a hundred amendments to the draftBill were made between December 2004 and 15 June 2005, when the bill finally passed. The Act came fully into effect on 13 October 2005. The Act covers the wholeof India except Jammu and Kashmir. It is applicable to all constitutional authorities,including the executive, legislature and judiciary; any institution or body establishedor constituted by an act of Parliament or a state legislature. It is also defined in the Actthat bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantiallyfinanced" by government, or non-Government organizations "substantially financed,
directly or indirectly by funds" provided by the government are also covered in theAct's ambit.
Ideal Status of Right to Information: 
The ideal status the right to information deserves is that of a fundamental right under our Constitution .With the Constitutional guarantee to conform to, the Act could have been used as an instrument constituting the requisite authorities, apart from layingdown the quintessential exceptions to granting information, such as national securityand parliamentary privilege.
An Act to provide for setting out the practical regime of right to informationfor citizens to secure access to information under the control of public authorities, inorder to promote transparency and accountability in the working of every publicauthority, the constitution of a Central Information Commission and State InformationCommissions and for matters connected therewith or incidental thereto. The Actconsists of six chapters and two schedules – preliminary, right to information andobligations of public authorities, the central Information commission, the stateInformation commission, powers and functions of the Information Commissions,appeal and penalties, and Miscellaneous.The Right to Information Act basically has two Parts-(a) Substantive law, and(b) Procedural law. Section 3 could coupled with some other provisions like sections8, 9, 18, 19 and 20 of the Act deal with substantive law while section 6 along withsome other provisions like section 7 of the Act deal with procedural law. Thus the Actis a completed Code in itself. The core of the enactment is that the citizen can obtainsuch information he needed from public authorities. It is the mandate of sections 3and 4 of the Act to provide information to the citizens.
Definition: Information
The Act defines information in sec. 2(f) as any material in any form, includingthe records, documents, memos, e-mails, opinions, advices, press releases, circulars,orders, log books, contracts, reports, papers, samples, models, data material held inany electronic form and information relating to any private body which can beaccessed by a public authority under any law for the time being in force.

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