Legal system Project

Right to information act

As a tool to improve Transparency in
public affairs
GROUP MEMBERS
WHAT IS RTI?
 RTI stands for "Right to Information". Right to Information is a fundamental right
that every citizen has.
 The Right to Information Act, 2005 (RTI) is a law enacted by the Parliament of
India "to provide for setting out the practical regime of right to information for
citizens."
 RTI gives you all the information that you want about the Govt. and what they are
doing with your tax money.
 Under the provisions of the Act, any citizen (excluding the citizens within 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 information formally.
History of RTI Act, 2005 
 The RTI Laws were first successfully enacted by the state governments of
— Tamil Nadu (1997)Goa (1997), Rajasthan (2000), Karnataka (2000),
Delhi (2001), Maharashtra (2002), Assam (2002), Madhya Pradesh
(2003), and Jammu and Kashmir (2004).
 It was passed on 15th June 2005 by the Parliament of India and came
fully into force on 12 October 2005.
 Information disclosure in India was hitherto restricted by the Official
Secrets Act 1923 and various other special laws, which the new RTI Act
now relaxes.
 The Act applies to all States and Union Territories of India, except the
State of Jammu and Kashmir - which is covered under a State-level law.
NEED FOR RTI
 Simply because if you go
into a Govt. office and
demand that they tell you
why your work has not been
done, they will not entertain
you or might even throw you
out. If it’s a law, Then it
becomes harder to do this. If
they do not give you the
information you want, they
ill have broken a law and can
be punished for it.
AIM & OBJECTIVES OF RTI
 Transparency & Accountability in the working of every
public authority.
 The right of any citizen of India to request access to
information and the corresponding duty of Govt. to meet
the request, except the exempted information (Sec. 8/9).
 The duty of Govt. to pro-actively make available key
information to all (Sec 4).
 A responsibility on all sections: citizenry, NGOs, media.
What Does Information mean?
Any material held in any form including electronic :-
 Records
 Documents
 Memos
 Opinions & advices
 Press releases
 Circulars, orders & logbooks
 Contracts
 Reports, papers samples & models
What is not open to disclosure?
The following information is exempted from disclosure (S.8)
 Which would prejudicially affect the sovereignty and
integrity of India.
 Security, strategic, scientific or economic interests of the
State.
 Relation with foreign State.
 Lead to incitement of an offence.
 Forbidden to be published by any court of law or tribunal or
the
 Disclosure of which may constitute contempt of court ;
What is not open to disclosure?
Contd….
 Which would cause a breach of privilege of parliament or the
state legislature ?
 Commercial confidence, trade secrets or intellectual property,
the disclosure of which would harm the competitive position
of a third party, competent authority if satisfied that larger
public interest is served can allow the disclosure of such
information;
 Information available to a person in his fiduciary
relationship, competent authority if satisfied that the larger
public interest can allow the disclosure of such information;
 Information received in confidence from foreign government.
 What is the application procedure for
requesting information?
 Apply in writing or through electronic means in English or
Hindi or in the official language or the area, to the PIO,
specifying the particulars of the information sought for.

 Reason for seeking information are not required to be given;

 Pay fees as may be prescribed (if not belonging to the below

poverty line category).
TIME FOR DISPOSAL OF INFORMAITON

REQUEST

INFORMATION IN 30 DAYS

PUBLIC
INFORMATION IN 40DAYS INCASE INFORMATION
CITIZENS OF INFORMATION REGARDING 3RD OFFICER
PARTY

INFORMATION IN 48HOURS INCASE

OF INFORMATION REGARDING LIFE
& LIBERTY
CENTAL INFORMATION COMMISSION
•An autonomous body to inquire into complaints received from
citizens.
•One can complain to CIC if refused access to information or how
public authority has handled your request. like:
•Failure to respond to your request in 30 working days or failure to
explain why an extension is needed.
•Failure to give proper advice and help with in stipulated time.
•Failure to give information in the form in which you asked for it.
•Failures to properly explain reasons for refusing your request, for
instance if public authority believes that giving you information
would harm a criminal investigations.
Information CIC needs.
•Name & address of the applicant.
•Name & address of the Central Public Information.
•Particulars of order including number, if any, against which the
appeal is preferred.
•Brief facts leading to the appeal.
•If the appeal is preferred against deemed refusal, the particulars of
the application, including number & date & name & address of CPI
officer to whom the application was addressed.
•Grounds for prayer or relief.
•Verification by appellant and any other information which the
commission may deem necessary for deciding the appeal.
Penalties.
•For unreasonable delay Rs 250 per day up to Rs. 25,000.
•For illegitimate refusal to accept application, knowingly
providing false information, destruction of information, etc. up to
Rs. 25,000 fine.
•Recommendation for departmental action for persistent or serious
violations.
•However, no criminal liability.
•Immunity for actions done in good faith(S.21).
RTI success stories
 Citizen uses RTI to get elusive pension.
 Using RTI to Pull up Fair Price Shops in Kalol Taluka of Gujarat.
 Right to Information- Is Media Playing its Role?
 Citizen uses RTI for getting Municipality its dues from
Government.
 Citizen uses RTI to make the administration work according to
Rule.
 Official fined Rs. 18,000 under Info Act.
 Rajasthan villagers use RTI to end woes.
 Pune Municipal Corporation uses RTI Act to obtain info from ST
Department.
 Official fined Rs. 40,000 under RTI Act by CIC, Chattisgarh.
 RTI revives Panchayat Social Justice Committees in Gujarat.