Professional Documents
Culture Documents
AMITY UNIVERSITY
LUCKNOW
SESSION : 2017-2022
The completion of this undertaking could not have been possible without the
participation and assistance of so many people whose name may not all be enumerated .
Their contributions are sincerely appreciated and gratefully acknowledged. However , I
would like to express my deep appreciation and indebtedness particularly to the
following :
Class coordinator Juhi ma’am for her endless support , kind and understanding
spirit during my project.
To all relatives , friends and others who in one way or another shared their support
, either morally , financially and physically , thank you .
Above all , to the GREAT ALMIGHTY , the author of knowledge and wisdom ,
for his countless love .
THANKING YOU .
TABLE OF CONTENT
S.no Topic Page no.
1 Introduction 4
4 Objective 6-10
The right to Information Act 2005 which came fully into effect on12th October
2005 is one of the most significant legislation enacted by the Parliament in India. It
is a major step towards more accountable and transparent government. RTI has
been enacted to provide for setting out the practical regime of right to information
for citizens to secure access to information under the control of public authorities
in order to promote transparency and accountability. The Act will certainly lead to
end the culture of governmental secrecy andfulfil its potential as a truly great
democracy.
The first and far most well-known right to information movement in India was the
MazdoorKisan Shakti Sanghatan (MKSS), an organization for the empowerment
of workers and landless workers and rural poor, which began its right to
information work in Rajasthan during the early 1990s. The MKSS started grass
route movement, demanding access to government information on behalf of wage
workers and small farmers who were often deprived of their rightful wages or their
just benefits under the government sechemes.Through their innovative concept of
jansunvai or public hearing MKSS started demanding information from local
authorities regarding the wages, muster rolls, materials used for the construction of
roads during famine relief work. From the modest beginning in the villages of
Rajasthan the success of MKSS has been a source of inspiration for activists in
India demanding the information from the bureaucracy and the government. The
struggle of MKSS activists led to a nationwide demand for law to guarantee the
RTI to every citizen, with wide spread support from social activists, professionals,
lawyers and media who are committed to transparent and accountable governance
and people‘s empowerment. The MKSS movement in Rajasthan was a turning
point in the RTI movement and showed that even illiterate, socially mute and
exploited labourers could assert and get their other rights conceded by the invoking
the RTI. The social movements in Rajasthan and other states led to the formation
of the National Campaign for People‘s Right to Information in 1996. Various State
RTI laws were passed during this period, including TamilNadu, Delhi,
Maharashtra Karnataka, Assam, Madhya Pradesh and Goa.Finally, the national
Freedom of 161 Information Act was pass in 2002. However, this Act was not
notified and the newly elected government (after General Election in 2004), got the
Right to Information Act passed in Parliament in 2005.
RTI stands for Right to Information. Right to Information Act 2005 mandates
timely response to citizen requests for government information. Right to
Information empowers every citizen to seek any information from the Government,
inspect any Government documents and seek certified photocopies thereof. Right
to Information also empowers citizens to official inspect any Government work or
to take the sample of material used in any work.
Even though RTI is a fundamental right, still we need RTI Act to give us this right.
This is because if you went to any Government Department and told the officer
there, “RTI is my fundamental right and that I am the master of this country.
Therefore, please show me all your files”, he would not do that. In all probability,
he would throw you out of his room. Therefore, we need a machinery or a process
through which we can exercise this fundamental right. Right to Information Act
2005, which became effective on 13th October 2005, provides that machinery.
Therefore, Right to Information Act does not give us any new right. It simply lays
down the process on how to apply for information, where to apply, how much fees
etc.
In its endeavour to balance out and harmonize these conflicting interests while
preserving the paramountcy of the democratic idea, the Parliament enacted the RTI
Act. The object of the RTI Act is to set out a practical regime of right to
information for citizens to secure access to information under the control of public
authorities, in order to promote transparency and accountability in the working of
public authorities.
Sec. 4 of the Act imposes an obligation on public authorities to maintain its records
duly catalogued and indexed in a manner and form which facilitates the right to
information under the Act.
Sec. 6 of the Act entitles a person desirous of obtaining any information under the
Act, to make a request in writing to the Central or State Public Information Officer
specifying the particulars of the information sought by him. The applicant is not
required to give any reason as to why he is requesting for the information.
Sec. 7 of the Act requires the Public Information Officer to either provide the
information or reject the request for any of the reasons specified in Secs. 8 and 9
within 30 days of receipt of the request. If the Officer fails to give a decision on the
request within 30 days, he shall be deemed to have refused the request.
Under Sec. 19, if a person does not receive a decision within 30 days or is
aggrieved by a decision of the Public Information Officer, he may prefer an appeal
to an Officer who is senior in rank to the Public Information Officer in that Public
Authority.
A second appeal is provided for against the order passed in the first appeal before
the Central Information Commission or the State Information Commission as the
case may be. The powers of the Information Commission are enacted in Sub-Sec.
9 of Sec. 19 which includes the power to require the Public Authority to
compensate the complainant for any loss or other detriment suffered and/or to
impose any of the penalties provided under the RTI Act.
Under Sec. 25, the Information Commission is required after the end of each year
to prepare a report on the implementation of the provisions of the Act during that
year and forward a copy thereof to the appropriate Government.
Right to Information includes the right to: Inspect works, documents, records. Take
notes, extracts or certified copies of documents or records. Take certified samples
of material. Obtain information in form of printouts, diskettes, floppies, tapes,
video, cassettes or in any other electronic mode or through printouts. “information”
means any material in any form, including records, documents, memos, e-mails,
opinions, advice, 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.
The public authority under the RIT Act is not supposed to create information, or to
interpret information; or to solve the problems raised by the applicants; or to
furnish replies to hypothetical questions. Only such information can be had under
the Act which already exists with the public authority.
Who is covered under RTI?
The Central RTI Act extends to the whole of India except the State of Jammu and
Kashmir. All bodies, which are constituted under the Constitution or under any law
or under any Government notification or all bodies, including NGOs, which are
owned, controlled or substantially financed by the Government are covered.
All private bodies, which are owned, controlled or substantially financed by the
Government are directly covered. Others are indirectly covered. That is if a
government department can access 1information from any private body under any
other Act, the same can be accessed by the citizen under the RTI Act through that
government department.
The Right to Information Act, simply known as RTI, is a revolutionary Act that
aims to promote transparency in government institutions in India. The Act came
into existence in 2005, after sustained efforts of anti-corruption activists.
It is termed revolutionary because it opens government organisations up for
scrutiny. Equipped with knowledge about RTI, a common man can demand any
government agency to furnish information. The organisation is bound to provide
the information, that too within 30 days, failing which the officer concerned is
slapped with a monetary fine.
When did RTI begin ?
RTI Act has been made by legislation of Parliament of India on 15 June 2005. The
Act came into effect on 12 October 2005 and has been implemented ever since to
provide information to crores of Indian citizens. All the constitutional authorities
come under this Act, making it one of the most powerful laws of the country.
The following Q&A will help you get familiar with the Act and how to use it.
Every Indian should know about RTI filing.The procedure to File RTI is simple
and hassle-free.
Currently, Central and a few State government departments have facility for
filing Online RTI.However, there are multiple independent websites that let
you file your application online. They charge you a nominal amount, for which
they draft your application and send it to the relevant department. This is as
good as sending an RTI application without having to worry about the
particulars.
All government agencies, whether they are under a state government or the
Centre, come under the purview of the Act. For example, Municipal
Corporations, PSUs (Public Sector Units), Government departments, Ministries
at the State as well as Central level, Judiciary, Government owned Companies,
Government Universities, Government Schools, Works Departments, Road
Authorities, Provident Fund department etc. The list is quite an exhaustive one.
You can ask a government how much money is being spent on renovation of its
ministers' bungalows, what their telephone bill or fuel expenditure is. Or you
can ask what amount was spent on MLAs'/MPs' foreign trips.
You can ask how much of allocated money your elected representatives have
utilised on improving their constituency; you are entitled to ask for even a
break-up of the amount spent, project-wise. This RTI information is available
because it is the taxpayers' money that is being spent here. Few ministries and
departments make online rti replies available to the public. You can see them on
the respective websites.
Not only governments and their departments, but also smaller units such as your
city corporation or gram panchayat fall under the ambit of RTI. Be it police,
passport office, your electricity/water supply company or even the IRCTC, all
are required to furnish RTI information.
Twenty-odd organisations are exempted from RTI. But all these entities are
related to the country's defence and intelligence, such as RAW, BSF, CRPF,
CISF, Intelligence Burearu, National Security Guard etc.
Further, there are some specific instances whereby RTI information cannot be
furnished. These instances relate to matters which:
However, RTI law says that any information which cannot be denied to a
Member of Parliament or state legislature cannot be denied to any citizen.
If in your community, you think the facilities are not as expected or you observe
some government maintained property in bad condition, you can use RTI to get
the government working on it.
For instance, if there is a road in very bad condition you can ask the following
questions:
o How much money has been spent on the development of road in past 3
years?
o How was the money spent?
o Please provide a copy of the orders
When it comes to RTI, there are watchdogs on multiple levels to ensure the Act
is followed in letter and spirit. The Act has employed a 'perform or perish'
approach, besides setting up a mechanism to dispense information.
Every government organisation is needed to appoint one employee as a public
information officer (PIO). Once a department gets an RTI request, it is the
responsibility of the PIO to furnish the information to the applicant within 30
days. Failing to do so means, a monetary fine can be imposed on the PIO. The
longer a PIO makes an applicant wait, the more the penalty levied on him/her.
There have been instances where PIOs have been asked to cough up amount in
thousands of rupees as fine.
Every state has an Information Commission, comprising a Chief Information
Commissioner and a few information commissioners. Former judges, IAS, IPS
officers of impeccable record are appointed to these positions by the
government. Above them in the hierarchy is the Central Information
Commission and below them are first and second appellate authorities to see to
it that an applicant does get the RTI information he/she has requested.
11. What is the fee for seeking information under the RTI ?
For central government departments one needs to pay Rs. 10 with every RTI
application. Mode of payment may vary from government to government.
While submitting application in person, some organisations accept cash while
some do not. Some ask for Court Fee Stamp, some ask for Indian postal order
(IPO). When sending an RTI application by post, we can use IPO/ court fee
stamp of Rs. 10.
Those below poverty line (BPL) do not have to pay Rs. 10 as fee for filing an
RTI.
If you've asked the government office to furnish copies of some records, you
will need to pay Rs. 2 per page. Once the office receives your request and
ascertains the amount you will need to pay towards making copies, you will get
intimation via post. You can make the payment by sending postal order/court
fee stamp/demand draft of the said amount.
The central government has come up with RTI act which is applicable in all
states except Jammu and Kashmir which has its own act very similar to central
act.
Each state has extended central act with state specific rules which contain rules
on RTI fees, mode of payment, RTI application form and sometimes a limit on
number of words or questions.
FEATURES OF RTI
The Act extends to the whole of India except Jammu & Kashmir.
All citizens shall have the right to information, subject to provisions of the Act.
The RTI empowers the citizens to ask any question or seek any information from
government authorities be it Central, State or Local governments.
The Act lays down the machinery for the grant of access to information. The
Public Authorities are required to designate Public Information Officer and
Assistant Public Information Officer with in the hundred days of enactment to
accept the request forms and provide information. The Public Information
Officers/Assistant Public Information Officers will be responsible to deal with the
requests for information and also to assist persons seeking information.
The Act also provides the two- tier Appellate forum. First appeal is to be made to
the departmental officer senior to the Public Information Officer. The second
appeal is to be made to State Commission.
Time limit has been prescribes for the compliance of information depending upon
the information requirements.
Certain categories of information have been exempted from the disclosure under
Section 8and 9 of the Act like conduct of International Relations, security of the
State, trade and commercial secrets ,intelligence agency etc.
Central Information Commission and the State Information Commissions monitor
the implementation of the Act and prepare an Annual report to be laid before the
Parliament / State legislatures.
The greater the access to the information the greater would be the responsiveness
of government to the needs of the people. Wihtout information people cannot
exercise their rights and duties.
RTI is major step towards more accountable and transparent government. It will
certainly lead to end the culture of governmental secrecy and fulfil its potential as a
truly great democracy.
The Act provides for setting out the practical regime of right to information under
the control of public authority in order to promote transparency and accountability
in the working of every public authority.
The promulgation of this Act set the stage for the transparency in the functioning
of the government and its various agencies.
Under this Act access to information from public agency has become a statutory
right of every citizen. Ordinary citizens do not have much information about how
decisions are made and hoe public resources utilizes. Right to Information Act is a
vehicle for greater transparency about the manner of functioning of public
agencies.
Before this Act, the accountability of public authority was practicably minimal.
By this Act the citizens can now question, audit, review, examine, access
government records, acts, decisions to ensure that these are consistent with the
principles of public interest, good governance and justice. This act promotes
transparency and accountability in administration. The act provides for framework
for promotion of citizen-government partnership in carrying out the programmes
for the welfare of the people.
When the government is transparent, there is less chance for corruption and more
room for accountability.
People feel more powerful, their bargaining power vis-à-vis public officials has
increased manifold.
The Act has definitely resulted in a greater transparency in governance. The Act
has become powerful instrument for citizens and social activists to access
information from the bureaucracy and thereby ensures greater accountability and
transparency in decision making.
The Act aimed to concentrate power in the hands of the citizens who may demand,
even without giving a reason, any information which they think will help them
exercise their rights more effectively and take an informed decision.
Furthermore, even the judiciary has liberally interpreted the provisions of the Act,
thereby making the public authorities more accountable. For instance, in Shyam
Yadav vs. Department of Personnel. Training, the Central Information
Commission held that property statements filed by civil servants are not
confidential and information can be disclosed after taking the views of concerned
officials as per the provisions of the RTI Act.
CHALLENGES
The general awareness amongst people about the RTI Act and how it is to be used
for their benefits is still low.
The PIOs are not adequately trained about the different provisions and rules of the
Act regarding procedures to be followed in disseminating information.
The PIOs has the same old colonial mind set and they try to guard every
information and working in secrecy under the Official Secrets Act. These
bureaucrats deny information to the citizen to save themselves from criticism and
feel uncomfortable with the notion of transparency.
Attacks on RTI activists have also been a major deterrent in the RTI movement.
2. An applicant who desires to obtain any information under the RTI Act can
make a request through this Web Portal to the Ministries/Departments of
Government of India.
3. On clicking at "Submit Request", the applicant has to fill the required details
on the page will appear.
7. After filling the first page, the applicant has to click on "Make Payment" to
make payment of the prescribed fee.
8. The applicant can pay the prescribed fee through the following modes:
(a) Internet banking through SBI and its associated banks;
(b) Using credit/debit card of Master/Visa;
(c) Using RuPay Card.
9. Fee for making an application is as prescribed in the RTI Rules, 2012.
13.The application filed through this Web Portal would reach electronically to
the "Nodal Officer" of concerned Ministry/Department, who would transmit
the RTI application electronically to the concerned CPIO.
14.In case additional fee is required representing the cost for providing
information, the CPIO would intimate the applicant through this portal. This
intimation can be seen by the applicant through Status Report or through
his/her e-mail alert.
15.For making an appeal to the first Appellate Authority, the applicant has to
click at "Submit First Appeal" and fill up the page that will appear.
17.As per RTI Act, no fee has to be paid for first appeal.
19.Status of the RTI application/first appeal filed online can be seen by the
applicant/appellant by clicking at "View Status".
20.All the requirements for filing an RTI application and first appeal as well as
other provisions regarding time limit, exemptions etc., as provided in the
RTI Act, 2005 will continue to apply.