RIGHT TO

INFORMATION
3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW
UNIVERSITY

MOST IMPORTANT PREVIOUS YEAR QUESTIONS

ALONG WITH ANSWERS

By
ANIL KUMAR K T
Mob: 9584416446
 Karnataka State law university 3 & 5 year LLB
ANIL KUMAR K T LLB COACH
Right to Information
Most important previous year questions
1. Discuss the Historical development of the right to information Act 2005 in
India.
2. Explain the Right to Information under Indian Constitution.
3. Explain the constitution, powers and functions of CIC ( central information
commission).
4. Explain the salient features of public records Act, 1993. State the central
Govt powers to make rules under it.
5. Explain the objectives of official secrets Act, 1923. How are these
provisions relevant in Right to information Act, 2005.
6. Explain the procedure for appeals under Right to information Act, 2005.
7. Discuss the international conventions on Right to information.
8. Write a note on RTI and corruption.
9. Write a note on Archival advisory board.
10.Write a note on RTI and E- Governance.
11.State the objectives of Right to information Act, 2005. Explain its
importance in democracy.
12.Discuss the main provisions of commission of Enquiry Act, 1952.
13.Explain the exemptions from disclosure of information under right to
information act 2005.
14.Discuss the procedure and obligations of public authority to provide the
information.
15.What are the features of Public record act, 1993. Explain the powers of
central government under the act.
16.Explain the procedure for appeal and penalties under right to information
act 2005.
17.Write a note on Supreme court and right to information.
18.Write a note on freedom of information Act, 2002.
19.Write a note on Constitution of India and RTI.
20.Discuss the constitutional basis for the Right to information Act, 2005 with
the help of decided cases.
21.What is information and the right to information? Explain the procedure in
exercising the right to information under the right to information act,
2005.
22.Discuss the constitution, powers and obligations of state information
commission.
23.What is voluntary disclosure? Explain the obligation of the public
authorities to provide information’s.
24.Examine the emerging trend on Right to information.
25.Write a note on Official Secrets Act, 1923.
26.Write a note on classified record.
27.What is information? Explain the procedure to obtain information and
disposal of information under the right to information Act 2005.
28.What is public authority? Explain the obligations of public Authorities
under the RTI Act, 2005.
29.Narrate the features of public records act, 1993. What are the powers of
central government.
30.Write a note on Democracy & RTI
31.Write a note on Judiciary & Right to information.
32.Explain the procedure for obtaining information and what information’s
are not disclosable under the act, 2005.
33.Explain the mechanisms provided for the administration of Right to
information Act, 2005 provisions.
34.Explain the objectives of official secrets Act, 1923. How are these
provisions relevant in Right to information act, 2005.
35.Discuss the international conventions on right to information.
36.Write a note on RTI & Corruption
37.“Transparency is the rule and secrecy is an exception “Referring to this
statement explain the relevance of the official secrets act, 1923 and its
salient provisions.
38.Write a note on objectives of the public records act 1993.
39.Write a note on First Appellate Authority.
40.Write a note on International Conventions on RTI.

BY
ANIL KUMAR K T LLB COACH
1.Discuss the Historical development of the right to information Act 2005 in
India.
Introduction:
• The Right to Information Act, simply known as RTI, is a revolutionary act
that aims to promote transparency in government institutions in India.
• The Right to Information Act came into existence in 2005, after sustained
efforts of anti-corruption activists.
• Factors like Corruption and scandals, international pressure and activism,
Modernization and the information society were responsible for the
enactment of the Right to Information Act in 2005.
• Important dates:

Enactment of Legislation: RTI Act has been made by the legislation of

Parliament of India on 15 June 2005.

Came into force: on 12 October 2005 and has been implemented ever since to
provide information to crores of Indian citizens.

The Right to Information Act – Historical Background

• Adoption of Universal Declaration of Human Rights 1948: It provided

everyone the right to seek, receive, information and ideas through any
media and regardless of frontiers. This gave more authenticity to the
demand for the Right to Information in India.
• International Covenant on Civil and Political rights 1966: It states that
everyone shall have the right to freedom of expression, the freedom to
seek and impart information and ideas of all kinds.
• Raj Narain vs the State of Uttar Pradesh case: the Supreme Court ruled
that the Right to information will be treated as a fundamental right under
article 19 of the Constitution.
In the long history of RTI Act 2005 in India, there were various challenges to
overcome. Since British times, there have been many laws that prohibited
implementation of right to information. Important laws that prohibited Right to
Information in India is produced below:

The Official Secrets Act, 1923: This law was the most important challenge in the
history of RTI Act 2005 in India because it prohibited all public servants from
disclosing any information to the public.
Section 123 of the Indian evidence Act 1872: No one shall be permitted to give
any evidence derived from unpublished official records relating to any affairs of
State, except wit the permission of the officer at the head of the department
concerned, who shall give or withhold such permission as he thinks fit.
Oath by the Public Servant: Before joining duty, public servant swears that the
information is a state secret.
Rule 11 of The Central Civil Services (Conduct) Rules, 1964: No Employee of the
Secretariat shall, except in accordance with any general or special order of the
Secretariat or in the performance in good faith of the duties assigned to
him/her, communicate, directly or indirectly, any official document or any part
thereof or information to any Employee of the Secretariat or any other person
to whom he/she is not authorized to communicate such document or
information.
Rule 9 of The All India Services (Conduct) Rules, 1968: No member of the
Service shall except in accordance with any general or special order of the
Government or in the performance in good faith of duties assigned to him,
communicate directly or indirectly any official document or part thereof or
information to any Government servant or any other person to whom he is not
authorized to communicate such document or information.
Archives Policy Resolution of 22 December 1972: States that all documents are
classified for 30 years and thereafter only non-confidential material is available
to a restricted range of people. Even unclassified material cannot be
communicated to anyone outside the government without permission.
The above mentioned prevalent laws are considered main hurdles to right to
information in the history of RTI Act 2005 in India.

History of RTI Act 2005 in India: Evolution

From time to time, there have been many moves by government as well as
private institutions to bring right to information to the citizen. I have listed below
various important events in the evolution of the RTI Act, 2005 that made history
of RTI Act 2005 in India.

1977: Janata Government headed by Morarji Desai constituted a working group

to ascertain if the Official Secrets Act, 1923 could be modified so as to facilitate
greater flow of information to the public. The working group recommended that
the Act of 1923 should be retained without change.
1986: In the famous case of Mr. Kulwal v/s Jaipur Municipal Corporation the
Supreme Court gave clear cut directive that Freedom of Speech and Expression
provided under Article 19 of the Constitution clearly implies Right to Information
as without information the freedom of speech and expression cannot be fully
used by the citizens.
1990: Heading the National Front government, Prime Minister V.P Singh, first
politician to lay emphasis on RTI, stressed on the importance of Right to
Information as a legislated right. He tried to enact legislation in 1989-90. But,
due to the political instability at the time, the idea did not materialize and V P
Singh was removed from office in 1990, as his government lost the confidence
vote in Lok Sabha.
1994: Mazdoor Kisan Shakti Sanghatan (MKSS) started a grassroots campaign for
Right to Information – demanding information concerning development works
in rural Rajasthan. This movement grew and the campaign resulted in the
government of Rajasthan enacting a law on Right to Information in 2000.
1995: Draft Act was formulated in a meeting of social activists at the LBSNAA,
Mussoorie, 1995.
1996: National Campaign for People’s Right to Information (NCPRI), one among
several civil society groups, was founded with the objective of getting legislation
on RTI passed. Due to the growing demand for right to information, the Press
Council of India under guidance of its Chairman Justice P B Sawant drafted a law
which was later updated and changed at a workshop and renamed “The Press
Council–NIRD Freedom of Information Act, 1997.
1997: Tamilnadu became the first state in India to have passed a law on Right to
Information.
1997: The Madhya Pradesh Government issued executive orders to 36
departments to implement Right to Information which later increased to more
than 50 departments.
1997: The Working Group, under Chairmanship of H D Shourie, appointed by the
United Front government, drafted the Freedom of Information Bill, 1997.
1997: Goa legislature enacted a law on Right to Information.
1998: The Government of Madhya Pradesh tabled a Bill on Right to Information,
which was passed by the legislature. The Bill didn’t become Law because the
Governor denied assent.
1998: When the NDA came to power, Prime Minister A. B. Vajpayee assured the
nation that a Law on Right to Information shall be enacted soon.
1999: Government restrained Ministers.
1999: Public Interest Litigation (PIL) was filed before Supreme Court to: Lift
restraint on Ministers; Declare Section 5 of Official Secret Act, 1923
unconstitutional; Ask Government of India to issue suitable instructions for RTI,
pending legislation.
1999: Union Urban Affairs Minister passed an administrative order on
transparency in the Urban Affairs Ministry.
2000: Freedom of Information Bill, 2000 was introduced in Parliament, and was
referred to a Select Committee of Parliament.
2001: NCT Delhi assembly passed a law on Right to Information.
2002: Report of Select Committee in early 2002.
2002: Freedom of Information Bill, 2000 was passed in both houses of
Parliament in December 2002. This was a watered down version of the bill
proposed by NCPRI and other organizations.
2002: In September, Maharashtra Government passed RTI Ordinance that
overwrote the Maharashtra RTI Act, 2000.
2002: The Hon’ble Supreme Court of India, by its order dated 2nd May, 2002 in
Civil Appeal No. 7178 of 2001 (Union of India vs. Association for Democratic
reforms and another) directed the Election Commission to call for information
on affidavit by issuing necessary order in exercise of its power under Article 324
of the Constitution of India from each candidate seeking election to Parliament
or a state legislature as a necessary part of his nomination paper.
2003: Freedom of Information Bill received the assent of the President of India
on 6th January, 2003, and became law, known as Freedom of Information Act,
2002 Act No. 5 of 2003.
2003: On 31st January MP Government passed MP RTI Act.
2003: In August, Maharashtra Government converted its Ordinance into new RTI
Act.2004UPA Government came to power in 2004. The National Advisory
Council (NAC), also known as the shadow government, was formed under Mrs.
Sonia Gandhi. The main objective of the Council was to monitor implementation
of government schemes and advise government on policy and law.
2004: NCPRI formulated amendments to Freedom of Information Act, 2002 and
forwarded to the NAC. NAC endorsed with minor changes and recommended to
the Government (Prime Minister). There was reluctance among politicians and
bureaucrats in adopting these changes. There was an attempt made to re-notify
the earlier Freedom of Information Act; This move faced widespread protests by
citizens and civil society.
2004: Finally, on 23rd December 2004, UPA Government tabled the RTI Bill
2004, applicable only to the Union Government. The civil society was not happy
with this. Most of the information required by the common man was from state
governments. The bill did not serve the purpose of the common man. Some
members of the NAC too were unhappy with this. After heavy lobbying by NCPRI
and other organizations the Right to Information Act, 2005 was passed with 150
amendments. Bill is now applicable to States also.
2005: RTI Bill was passed in Lok Sabha on 11th May 2005, and in Rajya Sabha on
12th May 2005. It received assent of President of India on 15th June 2005, and
was published in the Gazette of India on 21st June 2005. RTI Act, 2005 came into
force with effect from 12th October 2005, and known as Right to Information
Act, 2005 (Act No. 22 of 2005).

2.Explain the Right to Information under Indian Constitution.

Introduction:
Right to Information is like a protective shield of any democratic government.
This right is necessary for the smooth functioning of the democratic machinery.
Right to Information is an inseparable part of the freedom of speech and
expression codified in Article 19(1) (A) of the constitution, which is understood
to be the first requisite of liberty.

It reserves a valuable position in the stepping stones of liberties providing

security and stability to other liberties. The expression "freedom of speech and
expression" in Article 19(1) (a) has been taken to append the right to gather
information and distribute or publish the same. Propagation and acceptance of
information are the two sides of the same coin.

An important characteristic of freedom of speech and expression is considered

the freedom to receive and disseminate information without any obstruction.
Without sufficient information, a person cannot take an informed decision.
Good and proper governance isn't extended just by having a democratically
elected government but also ensuring ones right to various freedoms. Ten
years after the RTI Act coming into force; its initial goals of accountability and
transparency of public institutions continue to escape the veil of reality. All the
pillars of democracy, while maintaining its stance on government
accountability, continues not to be transparent and not complying with the RTI
Act.
Right To Information And Constitution:
Part III of the Indian constitution deals with basic and inalienable rights termed
as Fundamental Rights. These rights include the right to equal protection of the
laws and the right to equality before the law, the right to freedom of speech
and expression and the right to life and personal liberty. A remedy for
enforcement of rights conferred by this part is provided under Article 32.
Article 19 (1) (a) guarantees the fundamental right to free speech and
expression, which includes right to access information.

Therefore, by virtue of this article right to information becomes a

constitutional right as the right to free speech also guarantees right to receive
and collect and information[3]. Freedom of speech and expression guaranteed
under Article 19(1) (a) impliedly includes freedom and right to information as
held by Supreme Court in Bennett Coleman & Co. vs Union of India[4].
Article 51 A of the Constitution imposes certain duties upon the citizens and a
citizen with full information is better equipped for the performance of these
duties. Thus right to information is an inherent part of Right to Freedom of
Speech and Expression under article 19(1) (a) and the Right to Life and
Personal Liberty under article 21 of the constitution.

1. State of U.P. vs Raj Narain case (1975) 4 SCC 428 (landmark case)
It was held that In a government of responsibility like ours, where all the
agents of public must be responsible for their conduct, there can be but
few, secrets. The people of this country have a right to know every
public act, everything that is done in a public way, by their public,
functionaries. They all entitled to know the particulars of every public
transaction in all its bearing.

2. People's Union for Civil Liberties vs Union of India (AIR 2004 SC 1442)
Justice S.B. Sinha and Justice B.M. Khare It was held that Right to
Information is a facet of the freedom of 'speech and expression' as
contained in article 19(1) (a) of the constitution of India. Right to
Information, thus, indisputably is Fundamental Right.

3. Govt. of India vs The Cricket Association of Bengal (1995) 2 SCC 161.

The Supreme Court says that, the freedom of speech and expression
includes right to acquire information and disseminate it. It enables
people to contribute to debate on social and moral issues. Right to
freedom of speech and expression means right to education, to inform,
to entertain and right to be educated, informed and entertained. Right
to telecast is, therefore, within the ambit of Article 19 (1) (a).

Apart from these leading cases there are many cases where a person's right to
know and right to information have been upheld. The purpose of discussing all
these is to show that we already have right to information as guaranteed by
Article 19(1) (a) of the Constitution of India. Moreover, as an extended part of
the freedom of speech and expression, the right to know and to be known is
our Fundamental right.
3.Explain the constitution, powers and functions of CIC ( central information
commission).
Introduction:
The Chief Information Commission (CIC) is the authorized body in India to act
upon complaints received from individuals who have been unable to submit
requests of information to a Central or State Public Information Officer due to
either the officer not having been appointed, or the respective officer refused
to entertain the application under the Right to Information Act (RTI Act). The
Central Information Commission is not a constitutional body.
The CIC was constituted with effect from 12th October 2005 under the RTI Act
2005. Its jurisdiction extends to all central public authorities.

Central Information Commission Composition

Members in CIC – The CIC is headed by the Chief Information Commissioner
and not more than ten Information Commissioners are there for the assistance
of CIC. The Chief Information Commissioner holds office for five years.
At present (2019), the Commission has six Information Commissioners apart
from the Chief Information Commissioner.
Appointment of the commissioner in CIC – The commissioners are appointed
by the President on the recommendation of a committee consisting of the
Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha, and
a Union Cabinet Minister nominated by the Prime Minister.
Tenure of Office: The Chief Information Commissioner and an Information
Commissioner shall hold office for such term as prescribed by the Central
Government or until they attain the age of 65 years, whichever is earlier.
They are not eligible for reappointment.

Powers and Function of the Central Information Commission

1. Order enquiry into any matter on reasonable grounds only (suo-moto

power).
2. Secure compliance of its decisions from any public authority.
3. Receive and inquire into a complaint from any person:
o Who has not received any response to his request for information
within a specified time
o Who deems the information given to him/her incomplete, false or
misleading, and any other matter related to securing the
information
o Who has been unable to submit a request for information due to
the non-appointment of an officer
o Who considers the fees so charged unreasonable
 o Who was refused the information requested
4. The commission has the power to examine any record under the control
of the public authority. All such records have to be given to the
Commission during the examination and nothing shall be withheld.
5. During inquiries, the CIC has the powers of a civil court, such as the
powers to:
o Summon and enforce the attendance of persons, and compel
them to give oral or written evidence on oath and produce
documents or things
o Require the discovery and inspection of documents

o Receive evidence on affidavit

o Requisition public records or copies from any office or court

o Issue summons for the examination of documents or witnesses

o Any other matter that may be prescribed

6. The CIC also submits an annual report to the GOI on the implementation
of the provisions of the Act. This report is then placed before both the
Houses of Parliament.

4.Explain the salient features of public records Act, 1993. State the central
Govt powers to make rules under it.

1) This Act may be called the Public Records Act, 1993.

(2) It shall come into force on such date1 as the Central Government may, by
notification in the Official Gazette, appoint

In this Act, unless the context otherwise requires,--

(a) "Board" means the Archival Advisory Board constituted under sub-section
(1) of section 13;

(b) "Director General" means the Director General of Archives appointed by

the Central Government and includes any officer authorised by that
Government to perform the duties of the Director General;

(c) "head of the Archives" means a person holding the charge of the Archives
of the Union territory Administration;
(d) "prescribed" means prescribed by rules made under this Act;

(e) "public records" includes

(i) any document, manuscript and file;

(ii) any microfilm, microfiche and facsimile copy of a document;

(iii) any reproduction of image or images embodied in such microfilm (whether

enlarged or not); and

(iv) any other material produced by a computer or by any other device, of any
records creating agency;

(f) records creating agency includes,--

(i) in relation to the Central Government, any ministry, department or office of

that Government;

(ii) in relation to any statutory body or corporation wholly or substantially

controlled or financed by the Central Government or commission or any
committee constituted by that Government, the offices of the said body,
corporation, commission or committee;

(iii) in relation to a Union territory Administration, any department or office of

that Administration;

(iv) in relation to any statutory body or corporation wholly or substantially

controlled or financed by Union territory Administration or commission or any
committee constituted by that Administration, the offices of the said body,
corporation, commission or committee;
(g) "records officer" means the officer nominated by the records creating
agency under sub-section (1) of section 5.

Powers & Functions. ( Section 3)

(1) The Central Government shall have the power to coordinate, regulate and
supervise the operations connected with the administration, management,
preservation, selection, disposal and retirement of public records under this
Act.

(2) The Central Government in relation to the public records of the records
creating agencies specified in sub-clauses (i) and (ii) of clause (f) of section 2
and the Union territory Administration in relation to the public records of the
records creating agencies specified in sub-clauses (iii) and (iv) of the said
clause, may, by order, authorise the Director General or the head of the
Archives, as the case may be, subject to such conditions as may be specified in
the order, to carry out all or any of the following functions, namely:--

(a) supervision, management and control of the Archives.

(b) acceptance for deposit of public records of permanent nature after such
period as may be prescribed;

(c) custody, use and withdrawal of public records;

(d) arrangement, preservation and exhibition of public records;

(e) preparation of inventories, indices, catalogues and other reference media

of public records;

(f) analysing, developing, promoting and coordinating the standards,

procedures and the techniques for improvement of the records management
system;

(g) ensuring the maintenance, arrangement and security of public records in

the Archives and in the offices of the records creating agency;
 (h) promoting utilisation of available space and maintenance of equipment’s
for preserving public records;

(i) tendering advice to records creating agencies on the compilation,

classification and disposal of records and application of standards, procedures
and techniques of records management;

(j) survey and inspection of public records;

(k) organising training programmes in various disciplines of Archives

administration and records management;

(l) accepting records from any private source;

(m) regulating access to public records;

(n) receiving records from defunct bodies and making arrangement for
securing public records in the event of national emergency;

(o) receiving reports on records management and disposal practices from the
records officer;

(p) providing authenticated copies of, or extracts from, public records;

(q) destroying or disposal of public records;

(r) obtaining on lease or purchasing or accepting as gift any document of

historical or national importance.

Records Officer:

1) Every records creating agency shall nominate one of its officers as records
officer to discharge the functions under this Act.
(2) Every records creating agency may set up such number of record rooms in
such places as it deems fit and shall place each record room under the charge
of a records officer.

Responsibilities of records officer. ( Section 6)

(1) The records officer shall be responsible for--

(a) proper arrangement, maintenance and preservation of public records under

his charge;

(b) periodical review of all public records and weeding out public records of
ephemeral value;

(c) appraisal of public records which are more than twenty-five years old in
consultation with the National Archives of India or, as the case may be, the
Archives of the Union territory with a view to retaining public records of
permanent value;

(d) destruction of public records in such manner and subject to such conditions
as may be prescribed under sub-section (1) of section 8;

(e) compilation of a schedule of retention for public records in consultation

with the National Archives of India or, as the case may be, the Archives of the
Union territory;

(f) periodical review for downgrading of classified public records in such

manner as may be prescribed;

(g) adoption of such standards, procedures and techniques as may be

recommended from time to time by the National Archives of India for
improvement of record management system and maintenance of security of
public records;
(h) compilation of annual indices of public records;

(i) compilation of organisational history and annual supplement thereto;

(j) assisting the National Archives of India or, as the case may be, the Archives
of the Union territory for public records management;

(k) submission of annual report to the Director General or, as the case may be,
head of the Archives in such manner as may be prescribed;

(l) transferring of records of any defunct body to the National Archives of India
or the Archives of the Union territory, as the case may be, for preservation.

(2) The records officer shall act under the direction of the Director General or,
as the case may be, head of the Archives while discharging the responsibilities
specified in sub-section (1)
5.Explain the objectives of official secrets Act, 1923. How are these provisions
relevant in Right to information Act, 2005.
Introduction:
The Official Secrets Act of 1923 is India’s anti-espionage. It states that actions
which involve helping an enemy state against India are strongly condemned. It
also states that one cannot approach, inspect, or even pass over a prohibited
government site or area. As per the act, helping an enemy state can be in the
form of communicating a sketch, plan, a model of an official secret, or of
official codes or passwords, to the enemy.
Objectives:
The original intent was to protect the British Empire from the clandestine acts
of its enemies. Now the act is being used to silence citizens who ask too many
questions.
As it is still present in the statute book, it finds its way into the hands of every
government regardless of the political party’s at the helm, thus enforcing the
parent-child relationship between the state and its subjects.
 1. The idea that every government getting to keep certain information
away from the public domain in the name of national security finds a
contradiction in the very idea of democracy where a true democracy
stands to work for the people.
2. The law also finds itself in the crossroads of Article 19 (1) which gives
every citizen the fundamental right of freedom of speech and
expression.
3. The act does clarify what documents or information can be deemed
“secret”, thus the Act can be misused with government authorities
branding information or documents as official secrets as they see fit.
4. The OSA has often been arbitrarily used against media houses and
journalist who are found opposing the action of the government and
questioning its policies.
5. The law contradicts the Right to Information (RTI) Act that came into
effect in 2005 and creates ample ground for corruption.

Recently, the government has sought action against The Hindu newspaper and
news agency ANI under Official Secrets Act, 1923 for publishing documents
related to India’s deal to buy 36 Rafale jets from France.

▪ In this context, we will look into the debate on the Official Secrets
Act, 1923 (OSA) in light of the Right to Information Act, 2005 (RTI).
Legal Position

▪ Whenever there is a conflict between the two laws, the provisions

of the RTI Act override those of the OSA.
▪ Section 22 of the RTI Act states that its provisions will have effect
notwithstanding anything that is inconsistent with them in the OSA.
▪ Similarly, under Section 8(2) of the RTI Act, a public authority may
allow access to information covered under the OSA, “if the public
interest in disclosure outweighs the harm to the protected
interests”.
Issues with OSA

▪ Colonial Legacy
o The OSA was enacted in 1923 by the British to keep
certain kinds of information confidential, including, but
not always limited to, information involving the affairs of
 state, diplomacy, national security, espionage, and other
state secrets.
▪ Vague Terms
o The OSA has provisions that are too broad and vague,
often leaving room for arbitrariness.
• For instance, under Section 2(8)(d) of the Act
defining a “prohibited place”, “any railway,
road, way or channel or other means of
communication by land or water…” can be
notified by the Central government as a
‘prohibited place’.
o Section 3 provides for a penalty for spying to be
imposed on anyone who is even found in the ‘vicinity’
of a prohibited place.
o It punishes the communication of any information
obtained in contravention of the Act, which could
prejudice the security of the state or friendly relations
with foreign states. This provision targets whistle-
blowing and investigative journalism, no matter how
critically important it might be to have the information
public.
o Former Army Chief, General V.K. Singh, who wrote a
book detailing instances of corruption, nepotism, and
negligence within the Research and Analysis Wing, was
charged with an offense under the OSA.
▪ Against the Constitutional Values
o OSA is against the constitutive logic of a democratic
republic, where the state is supposed to be transparent
to its citizens.
Reforms within OSA

▪ Second administrative reforms commission submitted the report

“Right to Information: Master Key to Good Governance”, which said
that “The Official Secrets Act, 1923 should be repealed.”
o But the government rejected the recommendation,
saying “The OSA is the only law to deal with cases of
 espionage, wrongful possession and communication of
sensitive information detrimental to the security of the
State.”
▪ In 2006, the Home Ministry recommended substantial changes to
the OSA, in line with the privacy regime established by the RTI.
▪ There are calls to repeal the OSA and replace it with a National
Security Act that is more consistent with the aspirations of an open,
democratic republic.
6.Explain the procedure for appeals under Right to information Act, 2005.

Introduction
We can file an appeal under the Right to Information Act whenever the PIO fails
to respond to your application or when you are aggrieved by the response of the
PIO. What this means is that whenever the PIO fails to give you a reply or charges
unreasonable fees for giving copies of documents or fails to give a satisfactory
reply or does not give a reply within the stipulated time frame etc., you have the
power to file an appeal with the appropriate authority, as discussed below.
Section 19 of the Right to Information Act lays down two stages of appeal, the
First Appeal is to be made to the appellate authority and the Second Appeal lies
with the Central Information Commission or the State Information Commission,
as the case may be. The appeals process under the RTI Act is aimed at redressing
any grievance suffered by the Applicants in a quicker and cheaper way rather
than going to the courts.

First Appeal

When can the appeal be made?

We can make an appeal to the Appellate Authority if:

1. You are aggrieved by the decision made;

2. If no decision was made within the proper time limits;
3. You are a third party consulted during the application process, and you
are unhappy with the decision made by the PIO.

What is the time frame for making the First Appeal?

The Applicants who are aggrieved by a decision of a PIO can make an appeal to
a departmental Appellate Authority within 30 days of receiving the reply from
the PIO or at the expiry of the time period within which the information should
have been provided by the PIO. However, if you miss that deadline and the
Appellate Authority is convinced that you had justifiable cause for missing the
deadline, he/she may allow you to submit an appeal even after the 30 days have
expired.

Who can make the First Appeal:

Any person aggrieved by the order of the PIO can file the first appeal. You can
also request your friend or an RTI Activist or any other person to file a complaint
on your behalf provided he has a copy of all the relevant documents such as RTI
Application, acknowledgment receipt, PIO reply, etc. The format of
Authorization Letter enclosed.

How to file the First Appeal?

1. directly by handing documents over in person to the FAA

2. send the set of appeal documents by speed post or RPAD to the FAA of
the relevant public authority
3. Additionally, you can also send the appeal to the APIO in the relevant
public authority who then has a duty to forward it to the relevant
Appellate Authority.
4. Online Portal for Central Government public authorities
only– http://rtionline.gov.in.For filing your appeal online, you will have
to click on “Submit First Appeal” in the RTI Online Portal and fill up the
form that will appear. Refer to the User Manual attached. The
registration number and e-mail ID of the original application is required
for filing the first appeal.

• Second Appeal
The Right to Information Act lays down provision for the second appeal in cases
when you are unhappy and dissatisfied with the decision given by the First
Appellate Authority. Information Commissions have been set up at the centre
and states for hearing such appeals.

What is the time frame for making Second Appeal:

A second appeal against a decision of an Appellate Authority to the Information
Commission must be made within 90 days from the date on which the decision
should have been made or from the date a decision was actually received.
However, the Information Commission has the discretion to allow appeals after
this period has expired if there is sufficient cause for such delay.

Who can make the second appeal

Any person aggrieved by the order of the PIO can file the second appeal. You
can also request your friend or an RTI Activist or any other person to file a
complaint on your behalf provided he has a copy of all the relevant documents
such as RTI Application, acknowledgment receipt, PIO reply, first appeal, the
order of FAA etc. The format of Authorization Letter enclosed.

How to file the Second Appeal

1. directly by handing them over in person

2. send them by speed post or RPAD to the respective Information
Commission of the state or Central Information Commission.
3. Additionally, you can also send the appeal to the APIO in the relevant
public authority who then has a duty to forward it to the relevant
Information Commission.
4. Online Portal for second appeals pertaining to central government-
related public authorities – rtionline.gov.in.

7.Discuss the international conventions on Right to information.

Introduction:

As of 2021, 124 countries have laws and 8 countries have national decrees or
regulations granting individuals a general right to access information held by
public bodies, and imposing an obligation on public bodies to provide that
information and proactively disclose key types of information.

These access to information laws reflect the fundamental premise that

government is supposed to serve the people. There are, however, a number of
more practical ideas underlying the widespread recognition of the right to
information. ARTICLE 19 has described information as “the oxygen of
democracy”; information is essential to democracy at a number of levels. The
ability of individuals to participate effectively in decision-making that affects
them depends, in obvious ways, on information. Elections can never meet their
goal – described under international law as ensuring that “[t]he will of the
people shall be the basis of the authority of government” – if the electorate
lacks access to information which enables it to form an opinion.

Access to information is also a key tool in combating corruption and

wrongdoing. Investigative journalists and watchdog civil society organisations
can use the right to access information to expose wrongdoing and help root it
out. As U.S. Supreme Court Justice Louis Brandeis famously noted, “Sunlight is
said to be the best of disinfectants”.

Data protection laws which include transparency provisions also serve a

number of important social goals. The right to access one’s personal
information, for example, is part of respect for basic human dignity, but it can
also be central to effective personal decision-making. Access to medical
records, for example, can help individuals make decisions about treatment,
financial planning and so on.

Finally, access to information laws can help facilitate effective business

practices. Commercial requesters are, in many countries, one of the most
significant user groups of such laws. Public bodies hold a vast amount of
information of all kinds, much of which relates to economic matters and which
can be very useful for enterprises. The potential for increasing the
effectiveness of business is an important benefit of access to information laws,
and helps answer the concerns of some governments about the cost of
implementing such legislation. Open data is based on the premise that it both
facilitates accountability and encourages innovation and business.

The Right of Access: International Standards

Most international human rights bodies have authoritatively recognised the

fundamental and legal nature of the right to freedom of information, as well as
the need for effective legislation to secure respect for that right in practice.
This includes the UN, the Organisation of American States, the Council of
Europe, and the African Union.
The United Nations

The right of access to information is recognised under Article 19 of the

Universal Declaration of Human Rights and Article 19 of the International
Covenant on Civil and Political Rights (ICCPR) as an element of freedom of
expression. It is included as the right to seek and receive information. The UN
Human Rights Committee in General Comment 34, adopted in 2011,
interpreted the scope and limits of the right to information, stating that Article
19 of the ICCPR ensures the right to access information held by public bodies.
It requires that states proactively disseminate information in the public
interest and ensure that access is “easy, prompt, effective and practical.” The
Comment also states that countries must enact “necessary procedures” such
as legislation to give effect to the right to information. The Comment further
stipulates that fees for access must be limited, responses to requests must be
timely, authorities must provide explanations for withholding information, and
states need to establish appeals mechanisms.[3]

The Human Rights Committee provided guidance on the right to information

under Article 19 of the ICCPR in the case of Toktakunov v Kyrgyzstan,[4]
reaffirming that exceptions to the right are limited to only those permitted
under Article 19(3) and that information should be provided without requiring
a direct interest or explanation.

The right to information has also been recognised in international law relating
to social and economic rights. Under international conventions and
agreements, the right to information is considered an enabling right, which
facilitates people to better achieve other rights and to more effectively
participate in public discussions on policy and government activities. The UN
has also found the right to information an essential factor in ensuring the right
to water,[14] the right to health,[15] and the right to education.[16] The right
to information is also specifically protected in the Convention of the Rights of
the Child and the Convention on the Rights of Persons with Disabilities.

Organization of American States

The OAS Special Rapporteur on Freedom of Expression has frequently

recognised that freedom of information is a fundamental right, which includes
the right to access information held by public bodies. In his 1999 Annual
Report to the Inter-American Commission on Human Rights, he stated:

The right to access to official information is one of the cornerstones of

representative democracy. In a representative system of government, the
representatives should respond to the people who entrusted them with their
representation and the authority to make decisions on public matters. It is to
the individual who delegated the administration of public affairs to his or her
representatives that belongs the right to information. Information that the
State uses and produces with taxpayer money.[17]

In October 2000, the Inter-American Commission on Human Rights approved

the Inter-American Declaration of Principles on Freedom of
Expression,[18] which reaffirms the right to information in the Preamble:

CONVINCED that guaranteeing the right to access to information held by the

State will ensure greater transparency and accountability of government
activities and the strengthening of democratic institutions; …

The Principles unequivocally recognise the right to access information:

1. Every person has the right to access information about himself or

herself or his/her assets expeditiously and not onerously, whether
it be contained in databases or public or private registries, and if
necessary to update it, correct it and/or amend it.
2. Access to information held by the state is a fundamental right of
every individual. States have obligations to guarantee the full
exercise of this right. This principle allows only exceptional
limitations that must be previously established by law in case of
a real and imminent danger that threatens national security in
democratic societies.

Council of Europe

In 1981, the Committee of Ministers, the political decision-making body of the

Council of Europe (composed of Member States’ Ministers of Foreign Affairs)
adopted Recommendation No. R(81)19 on Access to Information Held by
Public Authorities, which stated:
 1. Everyone within the jurisdiction of a member state shall have the
right to obtain, on request, information held by the public
authorities other than legislative bodies and judicial authorities.

This was followed up by another Recommendation on Access to Official

Documents, which includes the following provision:

III. General principle on access to official documents

Member states should guarantee the right of everyone to have access, on

request, to official documents held by public authorities. This principle should
apply without discrimination on any ground, including national origin.

African Union

In 2002, the African Commission on Human and Peoples’ Rights adopted

a Declaration of Principles on Freedom of Expression in Africa. The declaration
was replaced in 2019 with a new declaration with a view of expanding the
guidance to States also on access to information with the introduction of a
specific section on the right of access to information.[26] The Declaration
clearly endorses the right to access information held by public bodies and
“relevant private bodies,” which are bodies that are “controlled or financed
directly or indirectly by public funds” or that carry out public functions. It
includes new standards on oversight mechanisms to resolve access to
information and a “right to further appeal” a refusal to disclose
information.[27] Lastly, individuals cannot be published for “releasing
information on wrongdoing or which discloses a serious threat to health, safety
or the environment, or whose disclosure is in the public interest,” and calls on
States to adopt laws that protect disclosures that are in the public interest.[28]

8.Write a note on RTI and corruption.

Introduction:
RTI has had a positive impact on the working of these institutions especially
the Public Distribution System and the education sector where the termite of
corruption had been pervading. It has helped in removing the opaqueness
from these institutions and increasing the accountability of those who manage
them.
Corruption is a universal problem which is faced by people that leads to a lack
of transparency, accountability, institutional machinery, information, etc. It is
the misuse of power and money by government and individuals for their
personal profit for example by lobbying or diverting the funds in private
sectors which are for public welfare. Corruption bribes the selfishness of the
person by showing easy way to get success and luxurious life. Corruption is the
problem that threatens transparency in the system of government like a weed
in crops and accountability of citizens but where the problem there is also a
solution that is RTI. International Right to Know Day is a red-letter day for
every citizen which is celebrated on 28th September all over the world. This
day realizes the value of people’s right to access the information that is held by
their respective government. The three basic pillars of our constitution on
which our government is depended are legislative which makes law, judiciary
which interprets the laws and the executive which comprise both the political
as well as bureaucracy to implement the laws.

How it Impacts the Roots of Corruption?

1. Accessibility: Before the enactment of RTI only parliament members

have the right to ask for any information to the government. It
empowered the common people to seek for information to the
government. RTI contains provisions that make it easy to access
information to information seekers. No Public Authority can deny on
any ground except those which are prohibited under section 8 or ask
the reason for which information seeker wants information under this
act. Any person who requires any information under this act can give
his/her request in written form or via electronic mode in English or
Hindi or in the official language of such an area where the applicant
made the request with the fee that prescribed in this act. If any
information seeker can’t make the request in written form or via any
electronic mode because he/she is illiterate or mentally or physically
disable then the Public Information Officer bound to give the assistance
to the person making the request orally to commute the same in
writing. No Public Authority can ask anything which is not required in
the process of acquiring information or prohibited by this act or by any
law that is in force for time being.In the recent case, Vishwas
Bhamburkar v. PIO (Public Information Officer), Housing & Urban
Development Corporation Ltd. (CIC, 2018)[1], It was taken up by the
Chief Information Commission (CIC), Munirka, New Delhi (CIC), the CIC
 was confronted with two centric issues under the Right to Information
Act, 2005 are:
Issues:

1. Word Limit in RTI Application; and

2. Denial of information on lack of producing identity proof by Applicant.
Held:

The CIC held that the impugned application was not contrary to any exception
under the RTI Act. That the CPIO (Central Public Indian Officer) in the case raised
scruple about the applicant’s citizenship without explaining any reason behind
scrupling. There was no reason that justifies his scruple.

That the CPIO failed to justify the denial of information, as he could not refer
any clause of exception under Section 8 (exemption from disclosure of
information) or Section 9 (Grounds for rejection to access in certain cases).

3. Affordability: RTI made information more affordable to every citizen

of India whether he is poor or rich. Under this act, no public authority
can charge more than 50 RS. /- per application. in the case, Common
Cause v. Allahabad High Court & Another (SC, 2018)[2] petitioner
challenged the RTI Rules, 2006 of Allahabad High Court on the ground
that the same was in contravention of several provisions of the RTI Act
as Rule 4 of the impugned Rules enunciate a fee of Rs. 500/- per
application was not in accordance with the provisions underlying the
RTI Act. Supreme Court held that the fees for filing the RTI Application
shall not exceed Rs.50/- and Rs. 5 for photocopying for all Government
Authorities.
4. Less time consuming: Before this act, no general people can seek and
get information because no public authority bound to provide
information to every information seeker. If someone tries he/she get
information in years. But after this act, no one can deny and bound by
law to provide information to information seeker in thirty days or
thirty-five days if RTI application is transferred to another public
authority. If any person pendulous about sending his RTI application by
post or doesn’t have time due to work he can go to the near post office
and submit his application to the assistant PIO. Many APIOs (Assistant
Public Information Officers) are appointed by the postal department in
its many offices. Their duty is to receive and forward RTI applications
 to the PIO or concerned appellate authority. If any officer of the public
authority concerned fails in providing the information to an
information seeker is spanked with a monetary fine.
5. Transparency: Hiding the information related to the public interest
from the public that leads to corruption by disturbing the transparency
in government institutions. Such information can be about the budget,
regulation, survey, etc of the schemes, facilities that are in public
interest that the government announced. This act imposes obligations
on public authority that they have to maintain all records in a manner
that should make it easy to access within a reasonable time under this
act by making it computerised and provide it on the internet. All
necessary information regarding public authority should be published
within one hundred and twenty days from the enactment of this
act. All information that is in the interest of the public should be
communicated widely and in such a manner and form that it is easily
accessible to the public such as through newspapers, media
broadcasts, the internet, etc.
6. Awareness leads to accountability: The RTI act is very helpful in
promoting awareness that encourages accountability of government.
It is a problem-solving tool that solves personal, social and community
problems. Personal problems such as Pending Income Tax return,
Delayed Passport, Property Documents like Occupancy
Certificate/Completion Certificate, Delayed Aadhar Card, Status of FIR,
Delay in Scholarship, Copies of Answer Sheets, etc. Social Problems
such as the bad condition of roads Conduct a social audit of
government projects, know-how your MP/MLA spent the fund
allocated to him; know about the implementation, regulation and
budget allocations of government project or scheme, etc. If the public
is aware of their role and importance of their participation in the
democratic system and curious to know about the manner and
ideology of working by government.

9.Write a note on Archival advisory board.

Aims and Objectives

To provide a professional forum :

• to discuss archival problems and to disseminate knowledge of their
approved solutions;
 • to achieve uniformity in professional practices;
• to draw attention to the advantages and disadvantages of new
techniques and developments;
• to co-ordinate activities of common interest among archives offices in
the country;
• to consider and recommend measures to accelerate archival
development in the country;
• to develop contacts and liaison with archival institutions in the Region
as a whole;
• to solve problems by co-operative efforts at a professional level.
ROLE
The National Committee of Archivists will have purely advisory role. It will take
decisions and make recommendations by consensus and not by voting.

COMPOSITION
The National Committee of Archivists will consist of:
1. Director of Archives, Government of India as Chairman & Convener.
2. A representative each of all State Governments/Union Territories, as
follows:
(a) The senior-most professional archivist, who is not normally liable for transfer,
from States and Union Territories which have organized archives offices, OR
(b) where there are no organized archives offices the Secretary of the Regional
Records Survey Committee, if it exists. (Those States having neither an Archives
Office nor Regional Records Survey Committee, will not be represented)
1. Heads of Archives Offices of Union Territories placed under the National
Archives of India.
2. A Deputy Director of Archives/ Assistant Director of Archives,
Government of India as Member-Secretary.

TENURE
All appointments and reappointments shall be for a period of two years effective
from the date of the first meeting and on the expiry of one term the members
concerned shall be eligible for re-appointment.

MEETINGS
The Committee will meet normally once in a year.

10.Write a note on RTI and E- Governance.

Introduction
The Indian Parliament enacted the Right to Information in 2005 to empower
the citizens by promoting transparency and accountability in the working of
the Government. Right to information is part and parcel of freedom of speech
and expression guaranteed under Article 19(1) of the Constitution of India;
unaccompanied by data, the Fundamental Right of freedom of speech and
expression cannot be used entirely by the citizens. The Right to information
gives the citizens in its true essence the right to participate in the governance
of its country.

RTI & E-governance

The introduction of the Right to information is a direction towards
transforming India into a transparent society where citizens have a right to
access the records of the Central Government and State Government
authorities. RTI and e-governance are connected in such a way that e-
governance cannot be fully achieved unless RTI Act is implemented fully;
neither will the RTI prove to be efficacious if there isn’t a full-fledged system of
computerization of the administrative work. Doubtless to say that for the
successful implementation of various e-governance schemes, RTI is truly a
boon. It works as an accelerator to take the e-governance move ahead in India.

As defined by the World Bank, the term “e-governance” denotes the use of
information and communication technologies by government agencies (such as
Wide Area Networks, the Internet, and mobile computing) that can transform
relations with citizens, businesses, and other arms of Government. The
preliminary step would be the publication of information about services on a
website through which the citizens are enabled to interact with the site to
download application forms or filing of complaints, pay electricity bills, filing
the income tax return, renewing a license, or get to know more about the
variety of services offered by the Government. The use of information
technology is the essence for expediting the actual delivery of these services.

The Right to Information Act, 2005 has a progressive approach and seeks the
implementation of Information technology to store the data efficiently to
disseminate information. Section 4 of the Act itself emphasizes that “All public
authorities maintain all its records duly cataloged and indexed in a manner and
the form which facilitates the right to information under this Act and ensures
that all records that are appropriate to be computerized are, within a
reasonable time and subject to availability of resources, computerized and
connected through a network all over the country on different systems so that
access to such records is facilitated.” This provision has been specifically
included in the RTI in order to provide e-governance to the citizens.

11.State the objectives of Right to information Act, 2005. Explain its

importance in democracy.
Introduction;
The full form of RTI is the right to information, and it is a basic right guaranteed
by the Indian constitution under Article 19.1. Each individual does have the
right to speak freely and express, according to article 19.1. The Supreme Court
decided in 1976 that persons cannot communicate or articulate themselves
until they know. As a result, the Right to Information is a basic right that is
glorified in article 19.1. In a similar case, the court stated that because India is
a democratic and the citizens are the owners, the owners or citizens get a right
to be informed about how the government intends to provide service to them.
Furthermore, because each citizen pays income tax, they have a right to be
informed about how their cash is used.

Objectives of Right to Information Act 2005

The RTI Act’s main vision is to empower the nation’s people. To accomplish
this, the nation’s leader must seek to enhance openness and accountability in
government activity, eliminate corruption, and enable democracy to truly
operate in the residents’ favour. People who are better educated are more
organised and ready to maintain a constant eye on the tools of administration
and make the government more answerable to the public. This Act is a
significant leap toward better informing the citizens of a nation about the
government’s operations. The Objectives of the right to information act 2005
are as follows.

• To guarantee that individuals have access to information.

• To encourage information transparency.
• To encourage administration transparency.
• To avoid arbitrary administrative decisions.
 • To make sure that public governance is accountable.
• To keep corruption at bay.
• Well-informed citizens are critical to a democracy’s success.
• To make the govt and its agents answerable to the public they govern.
Make the govt more receptive, to put it another way.

The Government of India functions on the slogan “Of the People, By the
People, For the People”. This is what the government stands for and is
supposed to abide by. But such is not the case as there are often cases of non-
transparency in the functioning.
In moments like this, there is a need to bring in accountability for the work
done by the government. To help bring accountability the Right To
Information Act is passed. This helps people know what is happening with the
government. It provides a ground for building a better structure for Indian
Democracy.
What is the Right To Information Act?
The Right to Information Act is also commonly known as RTI Act in the
common discussions. It is an act that revolutionised the way accountability was
seen in India. It aims at promoting transparency in the functioning of
government institutions in India. The Act was introduced in 2005 to curb the
corrupt practice which was on a rise.
The act is aimed at bringing about transparency in the government institutions
to scrutinize the process. With the Right to Information in India, a common
man becomes powerful enough to question any government agency. Under
the law, the organization is bound to provide the necessary information within
a span of 30 days from the date of filing. Unable to do so will result in the
officer being punished with a monetary fine.
How does RTI help Common Man?
The Knowledge of RTI Act is very beneficial to the functioning of the
government. There are various ways in which the knowledge of RTI can come
in handy. There are various benefits that come with the knowledge of RTI and
its uses. It will help in the better functioning of society.
The knowledge of RTI in India will help an individual in knowing how to file an
RTI. It will help them file RTI online without having to run around. It will also
enable them to know which organizations are accountable under the RTI act
and which organizations are exempted from it. It will allow them to make use
of RTI to solve problems both personal and societal.
Knowledge of RTI will help understand the difference between the RTI Act and
any other anti-corruption laws. It will help facilitate a faster response in getting
information from concerned parties through RTI. in a country that is vast in size
it will allow for a better understanding of how RTI works in different states and
what are the fees structures.
Conclusion
Right to Information in India has emerged as the most powerful tool in the
hands of the common man. It provides the opportunity to seek accountability
from the government. It helps strengthen Indian Democracy by curbing corrupt
practises and giving back power to the people. RTI has come a long way since
its inception in 2005 and people have embraced the act with open arms. It has
allowed for smoother functioning of the government and has brought in a
sense of transparency to the governance structure.

12.Discuss the main provisions of commission of Enquiry Act, 1952.

Main provisions
There are almost 12 provisions which are defined under the Commission of
Inquiry Act, 1952 but only some of the provisions are main:

Section 3

This Section deals with the appointment of commission and says that an
appropriate government by giving notification in the official gazette can
appoint a commission of inquiry to look into the matters of public importance
within a specified period of time as given in the notification. Also, no state
government can appoint another commission to inquire into the same matter.
The commission can have more than one member appointed by the
appropriate government also when the commission has more than one or
more members then one of them should be appointed as the Chairman of the
commission. The commission also has to submit the report of inquiry along
with a memorandum of the action taken within a period of six months of the
capitulation of the report.

Section 4
Under this Section, powers of the commission has been defined which says
that the commission has the power of a civil court under the Code of Civil
Procedure, 1908 with respect to the following matters:

1. Asking and prosecuting the attendance of any person from any part of
the country and examining him on the day of the oath.
2. Matters which requires any discovery or production of any document.
3. Matters which are receiving matters on affidavits.
4. Matters related to any requisitioning of public record or copy thereof
from any court or office.
5. Issues related to the examination of witnesses and documents.
6. Or any other matter which may be prescribed.

Section 5

Additional powers of the commission have been described in this section

which says:

1. The commission has the power to require any person or individual, or

subject to dispense information on such matters which in the opinion
of the commission might be useful or relevant to the subject matter
of inquiry.
2. No officer below the rank of a Gazetted Officer is not authorized to
enter any building for inquiry. but those who are above in the
hierarchy can on the behalf of the commission enter any building or
place where they believe that any document or the book of accounts
which are relevant to the subject matter of the inquiry and can also
seize under Section 102 and Section 103 of the Code of Criminal
Procedure, 1898.
3. Any offence under Section 175, Section 178, Section 179, Section 180,
or Section 228 of the Indian Penal Code and after the recording of any
facts or the statement of the accused was taken the case should be
forwarded to the magistrate who has the jurisdiction to try the same.
4. Any proceedings shall be deemed to be a judicial proceeding
under Section 193 and Section 228 of the Indian Penal Code.
Section 8

Section 8 deals with the procedure that needs to be followed by the

commission. Though the commission has the power to regulate or make its
own procedures but still are bound by certain provisions:

1. The inquiry should not get interrupted by the reason for any vacancy
in the commission or any sort of changes that occur in the
constitution of the commission.
2. At any stage of the inquiry, if the commission wants that it is
necessary to inquire into the conduct of the person or the
commission is of the opinion that the reputation of any person will
get injured because of the injury, then the commission should give a
reasonable amount of time to the person to produce evidence and
also the person should get an opportunity of being heard. All this can
be done only when it doesn’t discredit the witness of the case.
3. The appropriate government, or any other person, with the
acknowledgement of the commission, whose evidence is being
recorded has the right

1. to cross-examine a witness other than a witness that has been

produced by the commission before.
2. Can address the commission, and
3. Also, it should be represented by a legal practitioner.

13.Explain the exemptions from disclosure of information under right to

information act 2005.
Introduction:

Section 8 of the RTI Act provides for various grounds on which disclosure of
information can be denied to the public. The main objective behind
introduction of section 8 in the RTI Act is to harmoniously balance the various
conflicting rights available to the public so that not a single right gets
jeopardized by the other as every right is fundamental and intrinsic in its own
form.
The grounds on which information may be denied under Section 8 (1) of the
RTI Act, 2005 are:
Exemption from disclosure of information: Section 8

Section 8(1) lists the categories/types of information which is exempted from

disclosure under the RTI Act. There is no obligation to disclose such
information to any citizen. The categories of information so exempted include:

1. Information, disclosure of which would prejudicially affect the

sovereignty and integrity of India, the security, strategic, scientific or
economic interests of the State, relation with foreign State or lead to
incitement of an offence;
2. Information, publication of which has been expressly forbidden by
Court or tribunal;
3. Information, disclosure of which may amount to contempt of court;
4. Information, the disclosure of which would cause a breach of
parliamentary privilege
5. Information including trade secrets, commercial confidence or
intellectual property, the disclosure of which would jeopardise a third
party’s competitive position. Such information can be furnished if the
competent authority determines that it is necessary to disclose such
information in the public interest.
6. Information accessible to a person in his fiduciary relationship. Such
information can be furnished if the competent authority determines
that it is necessary to disclose such information in the public interest.
7. Information received in confidence from foreign government;
8. Information, the disclosure of which would endanger the life or
physical safety of any person or identify the source of information or
assistance given in confidence for law enforcement or security
purposes;
9. the information that would obstruct the process of investigating,
apprehending, or prosecuting offenders etc.
Regardless of anything in the Official Secrets Act of 1923 or the permissible
exclusions under sub-section (1), a public authority may allow access to
information if the public interest in disclosure outweighs the harm to
protected interests.
Grounds for rejection to access in certain cases: Section 9

Section 9 provides that a CPIO/SPIO may reject a request for information

where it would lead to infringement of copyright owned by a person other
than the State.

Severability: Section 10

Section 10 provides that if a request for access to information is denied

because the disclosure of the information is prohibited by the Act, access may
be granted to that part of the record:

1. that does not contain any exempt information, and

2. can be reasonably separated from any part that contains exempt
information.
Thus, Section 10 deals with the furnishing of information after severance of
non-exempt information from the information that is exempted.

Section 10(2) states that when access is granted to a part of a record under
sub-section (1), then the CPIO/SPIO shall give notice to the applicant, informing
him:

1. that only a part of the record requested is being provided after

severing the information that is exempted from disclosure;
2. of the reasons for the decision;
3. name and designation of the person who made the decision;
4. the details of the fees required to be paid by the applicant; and
5. of his or her right to file for a review of the decision of non-disclosure
or regarding fee or the form of access provided and the particulars of
the authority competent to review.

Third-party information: Section 11

Section 11 contains the provision regarding the disclosure of information

related to a third party.
 • Under Section 11(1), a third party has to be notified in writing when
the CPIO/SPIO intends to disclose:

1. any information which relates to, or has been supplied by the third
party, and
2. such information is treated as confidential by that third party.
Such written notice has to be given within five days of the receipt of the
request. The notice shall:

1. inform the third party of such request and

2. inform the third party of the fact that the CPIO/SPIO intends to
disclose such information and
3. invite the third party to make a submission as to whether the
information should be disclosed.
Such submission shall be taken into consideration while taking a decision
regarding the disclosure of information.

The proviso to Section 11(1) states that such disclosure may be permitted if the
public interest in disclosure outweighs in importance any possible harm or
injury to the interests of such a third party. However, the proviso shall not be
applicable to trade or commercial secrets protected by law.

• Section 11(2) provides that the third party shall be given an

opportunity to make representation against the proposed disclosure
within 10 days from the date of receipt of notice under sub-section
(1).
• According to Section 11(3), the CPIO/SPIO has to make a decision
regarding disclosure within 40 days of the receipt of a request under
Section 6, if the third party has been given an opportunity of making
representation under the previous sub-section. The notice of the
decision has to be given to the third party in writing by the CPIO/SPIO.
• The notice given under Section 11(3) must state that the third party is
entitled to file an appeal against the decision.

14.Discuss the procedure and obligations of public authority to provide the

information.
Obligations of public authorities: Section 4

Section 4(1) lists the following obligations of public authorities:

1. Maintenance of records: Every public authority is required to

maintain all its records duly catalogued and indexed. In order to
facilitate access to its records, the public authority shall ensure that
all the records that are appropriate for computerisation are
computerised and connected through a network across the country
on various systems within a reasonable time frame and according to
resource availability.
2. Publication of certain matters: Every public authority is required to
publish certain particulars within 120 days of the enactment of the
Act, some of which are enumerated below:

• the particulars of its organisation, functions, and duties;

• the powers and duties of its officers and employees;
• the procedure followed in the decision-making process, including
channels of supervision and accountability;
• where any arrangement exists for public representation or public
consultation in matter of policy formulation or implementation of
policy of public authority, the particulars of such arrangement;
• Employee directory of such public authority
• Monthly salary given to employees and officers
• Details of budget allocated to its agencies
• Details regarding manner of execution of subsidy programmes
• Details regarding information held in electronic form
• Particulars of facilities available to citizens for obtaining information
• Names and designations of the Public Information Officers etc.

3. While formulating key policies or decisions that affect the public, a

public authority must publish all the relevant facts regarding the
same.
4. Every public authority shall provide reasons for its judicial or
administrative decisions to those affected by it.
Suo-moto furnishing of information: Section 4(2)
Section 4(2) provides for the obligation of the public authority to make efforts
for providing information suo moto to the public at regular intervals using
various modes of communication.

Dissemination of information: Section 4(3) and 4(4)

Section 4(3) provides for wide dissemination of information in a manner that is
easily accessible to the public.

Section 4(4) provides that the dissemination of information has to be done

after considering the following factors:

1. cost-effectiveness,
2. local language of an area, and
3. the most effective method of communication in a particular local
area.

Designation of Public Information Officers: Section 5

• Section 5(1) provides for the designation of Central Public Information

Officers (CPIOs) and State Public Information Officers (SPIOs) by every
public authority within 100 days from the enactment of this Act. Such
officers have a duty to provide information requested under the Act.
• Section 5(2) provides for the designation of Central Assistant Public
Information Officer or a State Assistant Public Information Officer at
each sub-divisional level or other sub-district level. Such officers shall
receive applications for information or appeals under the Act for
forwarding the same to the CPIO/SPIO or the senior officer specified
under Section 19(1) or the Central Information Commission or the
State Information Commission, as the case may be.

Duty/Function of public information officers

• Section 5(3) provides for the following duties of CPIOs and SPIOs:

1. To deal with requests from the person seeking information, and

 2. To provide reasonable assistance to the person asking for
information.

Request for obtaining information: Section 6

Manner of making a request for information

Section 6(1) provides for the manner of making a request by a person who
desires to obtain any information under this Act.

• Manner of making requests: In writing or through electronic means.

• Language: English/Hindi/official language of the area in which the
application is being made.
• Any fee: Such application shall be accompanied by the prescribed fee.
• To whom application is made: To the CPIO/SPIO of the concerned
public authority or to the Central Assistant Public Information
Officer/State Assistant Public Information Officer.
• Contents of application: Particulars of information sought by the
applicant.

When the request cannot be made in writing

The proviso to Section 6(1) deals with a case where the applicant has made an
oral request for information. It states that where a person cannot make a
written request, the CPIO/SPIO shall assist such person to reduce his request in
writing.

Applicant need not give his details

As per Section 6(2), a person seeking information under the Act need not
disclose any reason for such request or his personal details except such
information that might be required for contacting him.

When the information requested is held by another public authority, etc.

Section 6(3) deals with the case where an application is made to a public
authority requesting information that is held by another public authority, or
the subject matter of which is more closely related with the functions of
another public authority. In this case, the public authority to whom the
application is filed must transfer the application, or the concerned portion of it,
to that other public authority and notify the applicant of the transfer as soon
as possible. The section provides for a maximum of five days for transferring
the application.

Disposal of request: Section 7

Period within which information to be furnished

Section 7(1) provides for expeditious disposal of the request for information by
the CPIO/SPIO. The CPIO/SPIO shall within thirty days of receiving the request,
either:

1. Accept the request which means providing information after the fee
prescribed has been paid, or
2. Reject the request for reasons as specified under Section 8 and
Section 9.
Thus, a 30 day period is provided for responding to the request.

An additional period of five days is allowed in computing the period for

response in the following cases:

1. When the application is received through the Assistant Public

Information Officer.
2. When the application is received by way of transfer.
Also, the information sought has to be provided within 48 hours of receiving
the request where the said information concerns the life and liberty of a
person.

Failure to decide within 30 days deemed as a refusal

Section 7(2) provides that the failure of the CPIO/SPIO to decide on the request
for information within the prescribed period shall be deemed as a refusal of
the request.
Decision regarding fee
Section 7(3) deals with the case where the applicant is required to pay a
further/additional fee. The sub-section states that where a decision is made to
provide information on payment of any further fee representing the cost of
providing the information, the CPIO/SPIO shall send an intimation regarding
the same to the person making the request. Such intimation must provide to
the applicant:-

1. Information regarding the details of such additional fees as

determined by the CPIO/SPIO along with the calculations made to
arrive at such an amount. The intimation shall also request the
applicant to pay such additional fee;
2. Information regarding the right of the applicant to ask for a review of
the decision regarding fees or form of access. The details of the
appellate authority, the time limit, the process of review, etc. are also
required to be intimated to the applicant.

Access to information

• Section 7(4): The CPIO/SPIO shall provide assistance to enable access

to the information where the person seeking such access is sensorily
disabled.
• Section 7(5): The applicant is required to pay such fee as may be
prescribed for access to information in the printed or electronic
format. According to the proviso attached to this sub-section, the fee
charged under the Act must be reasonable. Also, no fee can be
charged from those living below the poverty line.
• Section 7(6): Failure of the public authority to provide the information
within the prescribed time limit entitles the applicant for access to
such information free of any charge.
• Section 7(7): Before making a decision regarding furnishing of
information or rejection of a request, the CPIO/SPIO has to consider
the representation made by a third party under Section 11.

Rejection of request under sub-section (1)

Section 7(8) deals with the rejection of requests for information. In case, the
CPIO/SPIO rejects a request, he is required to communicate the following
particulars to the applicant:
 1. reasons for such rejection;
2. the period within which he can file an appeal against the rejection;
3. the details of the appellate authority.

Form of information
Section 7(9) provides that generally, the information asked for under the Act
has to be provided in the form in which it is sought, except where:

1. It would lead to disproportionate diversion of the resources of the

public authority, or
2. It would prejudice the safety or preservation of the record in
question.

15.What are the features of Public record act, 1993. Explain the powers of
central government under the act.
Refer Q.No.04.
The Central Government shall have the power to coordinate, regulate and
supervise the operations connected with the administration, management,
preservation, selection, disposal and retirement of public records under this
Act. (2) The Central Government in relation to the public records of the records
creating agencies specified in sub-clauses (i) and (ii) of clause (f) of section 2
and the Union territory Administration in relation to the public records of the
records creating agencies specified in sub-clauses (iii) and (iv) of the said
clause, may, by order, authorise the Director General or the head of the
Archives, as the case may be, subject to such conditions as may be specified in
the order, to carry out all or any of the following functions, namely:-- (a)
supervision, management and control of the Archives. (b) acceptance for
deposit of public records of permanent nature after such period as may be
prescribed; (c) custody, use and withdrawal of public records; (d) arrangement,
preservation and exhibition of public records; (e) preparation of inventories,
indices, catalogues and other reference media of public records; (f) analysing,
developing, promoting and coordinating the standards, procedures and the
techniques for improvement of the records management system; (g) ensuring
the maintenance, arrangement and security of public records in the Archives
and in the offices of the records creating agency; (h) promoting utilisation of
available space and maintenance of equipment’s for preserving public records;
(i) tendering advice to records creating agencies on the compilation,
classification and disposal of records and application of standards, procedures
and techniques of records management; (j) survey and inspection of public
records; (k) organising training programmes in various disciplines of Archives
administration and records management; (l) accepting records from any
private source; (m) regulating access to public records; (n) receiving records
from defunct bodies and making arrangement for securing public records in
the event of national emergency; (o) receiving reports on records management
and disposal practices from the records officer; (p) providing authenticated
copies of, or extracts from, public records; (q) destroying or disposal of public
records; (r) obtaining on lease or purchasing or accepting as gift any document
of historical or national importance.
16.Explain the procedure for appeal and penalties under right to information
act 2005.
Refer Q.No.06.
The penalty can be imposed, if the PIO has:

1. Refused to receive an application

2. Not furnished the requested information within 30 days of receiving
the application
3. Malafidely denied the request for information
4. Knowingly given incorrect, incomplete or misleading information
5. Destroyed information which was the subject of the request
6. Obstructed in any manner, in furnishing the information
The amount of penalty shall be Rs. 250.00 per day, till the information is
furnished or the application is received, subject to a maximum of Rs.
25,000.00. The penalty has to be paid by the PIO from his salary and not by the
Public Authority. The CIC or the SIC will give the PIO a reasonable opportunity
to be heard before the penalty is imposed. However the burden of proving that
he acted reasonably shall be on the PIO.

Under Section 20(2) of the RTI Act, the CIC or the SIC can also recommend
disciplinary action as per the service rules applicable to the PIO.

The First Appellate Authority (FAA) or the Public Authority (PA) are not
subjected to any penalty clause under the RTI Act.
Though the Act states that the burden of proving that PIO acted reasonably
and diligently shall be on the Public Information Officer.1) ” Therefore, it can be
interpreted by the Information Commissioner that the PIO “knowingly”
committed his actions of omission or commission, and it is for the PIO to
produce evidence that he did so unknowingly. However, CIC has many a times
interpreted in favor to PIO stating that “If there was no malafide in denial of
information in servicing requests for information and that the refusal stems
from a genuine conviction within the public authority that the information was
exempted from disclosure, the CIC has not imposed the penalty.

17.Write a note on Supreme court and right to information.

Introduction:
The Supreme Court of India and all the High Courts have certain rules for
conducting their proceedings. Most of them have had a rule stating that
parties in a suit may get copies relating to their case. However, those who are
not parties to the suit may obtain these if they give an affidavit stating their
reasons for seeking this information. If the Court was satisfied with the
reasons for seeking information, it would provide it.

This violates the basic premise that all information in government belongs to
the citizens and they have a right to access it.

RTI has been accepted as a fundamental right of citizens under Article 19

(1)(a). This covers the right to free speech, right to publish and right to
information. A citizen does not have to give reasons for exercising any of these,
and some reasonable restrictions on all these can be imposed on these as laid
down in Article 19 (2).

In line with this, the Right to Information Act, 2005 (RTI Act) has specific
exemptions under Section 8 and only these exemptions could be used to deny
information to a citizen. To ensure that other laws and constraints could not be
used to deny information to the rulers of democracy – the citizens –
parliament provided a non-obstante clause in Section 22:

This clearly means that the RTI Act will prevail over all laws and rules, including
the Official Secrets Act, 1923 as far as providing information in RTI is
concerned. It does not mean that the Official Secrets Act, 1923 or other acts
are repealed. When a request for information is filed under the RTI Act, it can
be denied only if the provisions of the RTI Act provide for an exemption.
The judgment of the apex court does not clearly identify how it has concluded
that the Supreme Court and the High Courts rules are not inconsistent with the
RTI Act. Instead, the court has concluded that if any law or rule provides for
providing information, it would be held to be consistent with the RTI Act. This
is clearly erroneous. The court should have noted the following inconsistency
of the court rules:

1. In the RTI Act, no locus is required, whereas the Court rules

differentiate those with locus
2. RTI clearly states that no reasons can be sought for seeking
information, while the court rules require filing an affidavit giving
reasons for those who are not a party
3. The information may not be provided by the court if ‘good cause’ is
not shown. In RTI information may be denied only if it falls in the
exemptions in Section 8 or 9
4. There is no appeal process to an independent Information Commission
in the Court rules.

This ruling could subvert the RTI Act very seriously. Various public authorities
could make the RTI Act irrelevant by creating their own rules for giving
information. This ruling also violates a basic premise that if there is more than
one route for an activity, it is the citizen’s choice to choose the route.

18.Write a note on freedom of information Act, 2002.

he Freedom of Information Act 2000 provides public access to information
held by public authorities.

It does this in two ways:

• public authorities are obliged to publish certain information about their

activities; and
• members of the public are entitled to request information from public
authorities.

The Act covers any recorded information that is held by a public authority in
England, Wales and Northern Ireland, and by UK-wide public authorities based
in Scotland. Information held by Scottish public authorities is covered by
Scotland’s own Freedom of Information (Scotland) Act 2002.

Public authorities include government departments, local authorities, the NHS,

state schools and police forces. However, the Act does not necessarily cover
every organisation that receives public money. For example, it does not cover
some charities that receive grants and certain private sector organisations that
perform public functions.

Recorded information includes printed documents, computer files, letters,

emails, photographs, and sound or video recordings.

The Act does not give people access to their own personal data (information
about themselves) such as their health records or credit reference file. If a
member of the public wants to see information that a public authority holds
about them, they should make a data protection subject access request.

The main principle behind freedom of information legislation is that people

have a right to know about the activities of public authorities, unless there is a
good reason for them not to. This is sometimes described as a presumption or
assumption in favour of disclosure. The Act is also sometimes described as
purpose and applicant blind.

This means that:

• everybody has a right to access official information. Disclosure of

information should be the default – in other words, information should
be kept private only when there is a good reason and it is permitted by
the Act;
• an applicant (requester) does not need to give you a reason for wanting
the information. On the contrary, you must justify refusing them
information;
• you must treat all requests for information equally, except under some
circumstances relating to vexatious requests and personal data
(see When can we refuse a request? for details on these). The
information someone can get under the Act should not be affected by
who they are. You should treat all requesters equally, whether they are
journalists, local residents, public authority employees, or foreign
researchers; and
• because you should treat all requesters equally, you should only disclose
information under the Act if you would disclose it to anyone else who
asked. In other words, you should consider any information you release
under the Act as if it were being released to the world at large.

This does not prevent you voluntarily giving information to certain people
outside the provisions of the Act.
19.Write a note on Constitution of India and RTI.
Refer Q.No.02
20.Discuss the constitutional basis for the Right to information Act, 2005 with
the help of decided cases.
Introduction:
Though there is no direct provision for RTI (Right to Information) in the
Constitution of India, there is strong constitutional basis of RTI. Honorable
Supreme Court of India has interpreted various articles of constitution that Right
to Information is inherent in constitution of India. I have provided in this article
various judicial interpretation that shows inherent RTI in Indian Constitution.
Constitutional Basis of RTI : RTI in Indian Constitution
There is strong constitutional basis of RTI in India i.e. there is inherent RTI in
Indian Constitution. Let me provide you judicial interpretation of various
provisions of constitution.

Preamble
As the preamble describes, one of the significant objectives of Indian
Constitution is to secure liberty of thought and expressions to the citizens of
India. The liberty of thought and expressions can never be secured until and
unless the citizens have right to information.

Article 14
This article guarantees right to equal protection of the laws and the right to
equality before the law, With reference to this Article, if government officials
have information, it must be provided to other citizen also to assure equality
among citizens. Delegation of discretionary powers to government officials in
furnishing information creates a danger of discrimination, which is subversive to
the Equality Doctrine enshrined in Article 14 of the Constitution. Thus, under
Article 14, every citizen must have equal right to information.

Article 19 (1) (a)

This provision guarantees the fundamental right to free speech and expression,
which includes within it the right to access information. The pre -requisite for
enjoying this right is knowledge and information. Thus the right to information
becomes a constitutional right as the right to free speech also guarantees right
to receive and collect and information.

Article 21
This article talks about right to life and personal liberty, which includes the right
to know about things that affect our lives. The expression ―life and personal
liberty ―is a broad term, which includes within itself variety of rights and
attributes. The Supreme Court read into this article as a broad right to include
right to know within its purview. The apex court held that right to know is a
necessary ingredient of participatory democracy. It is wide enough to expand to
a full range of rights including the right to hold a particular opinion and the right
to sustain and nurture that opinion. It confers on all persons a right to know
which includes right to information.

Article 32
This article guarantees a right to constitutional remedies on the situation of a
violation of the fundamental right of any citizen. Thus, right to information must
have been guaranteed to the citizens.

Article 39(1) (b) &(C)

This provides for adequate means of livelihood, equitable distribution of
material resources of the community, to check concentration of the wealth and
means of production. All these rights would be remained unfulfilled if right
to information is not guaranteed ahead of these rights.

Article 51A
The constitution also imposes certain duties upon the citizens under Article 51A.
A fully informed citizen is better equipped for the performance of these duties.

Beside aforementioned articles, the other articles that give right to information
under Indian constitution are Articles 311(2) and 22(1). Article 311(2) provides
for a govt. servant to know why he is being dismissed or removed or being
demoted and representation can be made against the order. By way of Article
22(1) a person can know the grounds for his detention. In Essar Oil Ltd vs. Halar
Utkarsha Samiti, the SC held that right to information emerges from right to
personal liberty guaranteed by article 21 of constitution.

The above-mentioned interpretation clearly shows the strong constitutional

basis of RTI in India, and proves inherent RTI in Indian Constitution.

Case laws:

• Sakal Newspapers (Private) Ltd. v. Union of India

The Supreme Court held that the impugned Act and the Order imposed
unconstitutional restriction on the freedom of the press. The court also held
that restriction upon freedom of speech was to be examined with lesser
presumption of constitutionality than the restrictions upon freedom of trade
or business. The court brought in the preferred freedom doctrine in Indian
Constitution.

• S. P. Gupta v. Union of India

This case is popularly known as Judges Transfer case, Bhagwati, J. had advised
in the landmark case that it is essential for the people to have as much
information about governmental operations as possible. Participation in
government by the people is regarded, as an important aspect of democracy
and people cannot participate unless they have information as to what is going
on in the country.

• PUCL v. Union of India

Section 14 of POTA the obligation to furnish information was held to be intra-

vires Articles 14, 19, 20(3) and 21.Neither a lawyer can claim professional
communication beyond what is permitted under section 126 of Indian
Evidence Act, nor is there any law permitting a newspaper or a journalist to
withhold relevant information from courts, nor can withholding of such
information be traced to the right to privacy, which itself is not an absolute
right.

21.What is information and the right to information? Explain the procedure

in exercising the right to information under the right to information act,
2005.
Introduction:
The right to information is a fundamental right under Article 19 (1) of the Indian
Constitution. In 1976, in the Raj Narain vs the State of Uttar Pradesh case, the
Supreme Court ruled that Right to information will be treated as a fundamental
right under article 19. The Supreme Court held that in Indian democracy, people
are the masters and they have the right to know about the working of the
government.
Thus the government enacted the Right to Information act in 2005 which
provides machinery for exercising this fundamental right.
What type of information can be requested through RTI?
The citizens can seek any information from the government authorities that the
government can disclose to the parliament.
Some information that can affect the sovereignty and the integrity of India is
exempted from the purview of RTI.
Information relating to internal security, relations with foreign countries,
intellectual property rights (IPR), cabinet discussions are exempted from RTI.
Objectives of the RTI Act

1. Empower citizens to question the government.

2. The act promotes transparency and accountability in the working of the
government.
3. The act also helps in containing corruption in the government and work
for the people in a better way.
4. The act envisages building better-informed citizens who would keep
necessary vigil about the functioning of the government machinery.

Definition of Information
As per the Right to Information Act of 2005, the word Information may refer to
any material in any form such as records, documents. Memos, e-mails,
opinions, pieces of advice, press releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in any electronic form
and also includes information related to any private body which can be
accessed by the public authority under any other law for the time being in
force.

Third Party Information

The Right to Information Act protects the right of a third party with regarding
the information given by them to the public authority and is treated as
confidential. In cases such as these, the third party needs to be consulted by
giving them notice in advance and an opportunity for making their
submissions. If the Public Relation Officer intends to provide information about
the third party, then the third party had the right to prefer an appeal before
the Appellate Authorities.

As per the Section 2(n), the third party about the Act means a person other
than the citizen who has requested information. The definition of the third
party includes a public authority other than the public administration to whom
the request has been made.
In concern to third-party information which the third party has treated as
confidential, the Public Information Officer should follow the procedure as laid
down for the officials such as the Public Information Officers. The third party in
concern should be given the opportunity in full to put his/ her case for non-
disclosure if they desire that the information should not be disclosed.

Disclosure of Third Party Information

The disclosure of information that includes commercial confidence, trade
secrets or intellectual property that would harm the competitive position of a
third party is exempted from disclosure. Such information should not be
revealed unless the competent authority is satisfied that more substantial
public interest warrants the disclosure of such information.

Public Authority
The Right to Information Act defines a public authority as the following in
Section 2(h):

A “public authority” is a body or an institution of self-government established

or constituted:

1. By or under the Constitution;

2. By any other law formed by the Parliament;
3. By any other law created by the State Legislature;
4. By a notification or order issued by the appropriate Government, and
includes any body owned, controlled or substantially financed, and non-
government organisation mainly financed, directly or indirectly by funds
provided by the appropriate Government.

Exercising of Rights
Subject to the provisions offered under this Act, all the citizens of a country
shall have the right to information. The person seeking information is not
required to give any reason for requesting information or any other personal
details except those that may be necessary for contact, i.e., name and contact
particulars.

Right to Information
As stated in Section 2(j) of the Right to Information Act of 2005, “right to
information” means the right to information accessible under this Act which is
held by or under the control of any public authority and includes the right to:

1. Inspect work documents and associated records.

2. Take notes, extractions, or certified copies of the documents or records.
3. Take certified samples of the material.
4. Obtain information in the form of disks, tapes, videos or any other
electronic mode or through printouts where such information is stored
in a computer system or any other device.

Format of Application
There no specific prescribed form of application for seeking information. An
applicant may file their claim on a plain sheet of paper and giving details of the
information required on the sheet. The applicant must mention the address at
which the data is needed to be sent.

However, there are a few exceptions in some State Government such as

Arunachal Pradesh, Daman and Dui, Harayana, Himachal Pradesh, Kerala,
Maharashtra, Sikkim, Orissa and some other state governments have a
prescribed format for the application of Right to Information which the
applicant has to complete while applying in these States.

Method of seeking application

A citizen of India who desires to obtain any information under the Act should
appeal to the Public Information Officer of the concerned public Authority in
writing in English or Hindi or in the official language of the area where the
application is made. The form should be accurate and specific. The applicant
may send the form by post or through electronic means or can deliver it
personally in the office of the Public Authority. The application can also be
forwarded through an Assistant Public Information Officer.

Right to Information Online

The Department of Personnel and Training has launched a web portal namely
RTI online which may be visited by using the link www.rtionline.gov.in for all
the Central Ministries/ Departments. This is a facility for the citizens of India to
file RTI applications and first appeals through the online facility to all Central
Ministries/ Departments. The prescribed RTI fees can also be paid online. Reply
to the RTI application and the first appeals received online can also be given
online by the respective PIOs/ FAAs.

Supply of Information to Associations and so

The Act provides the right to information only to the Indian citizens. It does not
make room for giving information to Corporations, Associations, Companies
and so on which are legal entities/ individuals, but not citizens. Although, if an
application is made by an employee or an office-bearer of any Corporation,
Association, Company, NGO etc. indicating their name and such employee/
office-bearer is a citizen of India, information may be supplied to them. In such
situations, it would be presumed that a citizen has sought information at the
address of the Corporation or so on.

22.Discuss the constitution, powers and obligations of state information

commission.
Introduction:
The State Information Commission will be constituted by the State
Government through a Gazette notification. It will have one State Chief
Information Commissioner (SCIC) and not more than 10 State Information
Commissioners (SIC) to be appointed by the Governor.

The State Information Commission will be constituted by the State

Government through a Gazette notification. It will have one State Chief
Information Commissioner (SCIC) and not more than 10 State Information
Commissioners (SIC) to be appointed by the Governor.

The Right to Information Act, 2005 provides for the creation of State
Information Commission at the State level.

Composition of State Information Commission

The Commission consists of a State Chief Information commissioner and ten
State Information Commissioners. They are appointed by the Governor on the
recommendation of the committee consisting of the Chief Minister as
Chairperson, the Leader of the Opposition in the Legislative Assembly and a
state Cabinet Minister nominated by the Chief Minister. They should be person
of eminence in public life and should not hold any other office of profit or
connected with any political party or carrying on any business or pursuing any
profession.
Tenure and Service
The State Chief Information Commissioner and a State Information
Commissioner hold office for a term of 5 years or until they attain the age of
65 years, whichever is earlier. They are not eligible for reappointment.

Powers and Functions of the State Information Commission

• The commission submits and annual report to the state government on
the implementation of the provisions of this act. The state government
places this report before the state legislature.
• The commission can order inquiry into any matter if there are
reasonable grounds.
• The commission has the power to secure compliance of its decisions
from the public authority.
• It is the duty of the commission to receive and inquire into a complaint
from any person
• During the inquiry of a complaint, the commission may examine any
record which is under the control of the public authority and no such
record may be withheld from it on any grounds.
While inquiring, the commission has the power of the civil court in respect of
the following matters:

• Requiring the discovery and inspection of documents

• Issuing summons for examination of witnesses or documents and any
other matter which may be prescribed
• Summoning and enforcing attendance of persons and compelling them
to give oral or written evidence on oath and to produce documents or
things.
• Receiving evidence on affidavit
• Requisitioning any public record from any court or office.
• When a public authority does not conform to the provisions of this act,
the commission may recommend steps which ought to be taken for
promoting such conformity.

23.What is voluntary disclosure? Explain the obligation of the public

authorities to provide information’s.
Introduction:
Section 4 (2) of the act requires the public authority to provide as much
information as possible suo moto (at their own initiative) to the public at
regular intervals through any modes of communication including press, print
and internet media. The object of providing information suo moto is to enable
the public to know about various governmental and public issues and thereby
there is no need for the citizen to request for these informations by taking
resort to the provisions of the RTI Act.

The two categories of information that has to be disclosed, as we have

discussed in the above paragraphs, the first category of information requires
diligence on the part of the public authority before it is provide to the public
on their request as it is necessary to ascertain whether they are exempted
from disclosure under the Act or not.

With regard to the second category of the information it cast a duty upon the
public authority to collect, store and disseminate information suo moto as
widely as possible to the public as provided under section 4 (1) (b) and (c) in a
proactive basis.

The Supreme Court in The Institute of Chartered Accountants of India v.

Shaunak H. Satya and Others[13] observed that It is necessary to make a
distinction between the information which is crucial for bringing transparency
and accountability and in reducing corruption, following under section 4 (1) (b)
and (c) and other information which may not have a bearing on accountability
or reducing corruption but the disclosure of which may interfere with other
public interest including efficient operations of public authorities and
government, preservation of confidentiality of sensitive information and
optimum use of limited fiscal resources. Hence while dealing with the request
for the access to information, the Public Information Officer is required to
maintain a balance between the right to know and other competing public
interest. Section 8 of the RTI Act helps in maintaining such balance by
providing exemption to certain information from being disclosed.

Refer Q.No.14 for obligation of the public authorities to provide

information’s.
24.Examine the emerging trend on Right to information.
Introduction:
The basic objective of the Right to Information Act 2005 (RTI Act) is to empower
the citizens, to seek information from Public Authorities. Thereby it promotes
transparency and accountability in the working of the Government, and makes
Indian democracy work for the people in real sense.

Emerging Trends:

▪ Open Data Policy: Government institutions should put all

disclosable information on their respective websites.

o By this, the petitioners may immediately access

whatever information they need.
o This will also reduce the burden of the department to
provide information which takes much of its valuable
time.
▪ Compiling of Similar RTI Applications: Many RTI Applicants file
multiple RTI applications on the same subject/seek the same
information, which increases the burden of the information
department of various public institutions.

o Also, a system needs to be put in to weed out such

duplicate cases.
▪ Preventing Misuse of RTI: RTI misuse can be prevented by
introducing the reason knowing provision for filing the petition.

o Also, there should be a provision of Penalty for wasting

the valuable time of the Information Commissioner for
demanding unnecessary information or which is not in
public interest.
▪ Balancing with Privacy Right: Another right of a citizen protected
under the Constitution is the right to privacy. This right is enshrined
within the spirit of Article 21 of the Constitution.

o Thus, the right to information has to be balanced with

the right to privacy within the framework of law.
▪ Increasing Public Awareness: This can be done by the launch of
awareness campaigns through Radio, Television and Print Media
various regional languages in rural areas.
 o A chapter on RTI Act, 2005 should be added in
school/college curriculum.
o Central/State Information Commissions should be
provided with sufficient funds for creating awareness
about RTI Act, 2005.
25.Write a note on Official Secrets Act, 1923.
Background

• The origins of the Official Secrets Act can be traced back to the British
colonial period. The Indian Official Secrets Act (Act XIV) of 1889 was
enacted with the goal of suppressing the voices of a large number
of newspapers that had sprouted up in several languages and
were critical of British policy.
• During Lord Curzon's term as Viceroy of India, the Act XIV was revised
and made more rigorous in the shape of The Indian Official Secrets Act,
1904.
• A second version, the Indian Official Secrets Act, was notified in 1923.
(Act No XIX of 1923).
• It was expanded to include all concerns of secrecy and confidentiality in
the country's governance.

Provisions

• The Official Secrets Act of 1923 expanded its provisions to

safeguard the privacy and secrecy of the country's government,
particularly for the country's national security.
• A high-ranking government official charged with safeguarding such
confidential information, or a person hired by such an
official, obligated by a contract, or holding a contract on behalf of the
government.
• The term "foreign agent" refers to someone who has reasonable
reasons to believe that he or she is working for a foreign authority in
any way.
• If anyone gets into a prohibited location or helps someone else get into
a prohibited place, it is against the state's safety.
• If any person, acting against and without regard for the state's
safety and interests, approaches and attempts to enter a prohibited
place, makes a sketch or plan useful to
enemies, collects and communicates secret code, password, document,
 plan, notes, etc. useful to enemies, without regard for the state's safety
and sovereignty.
• It shall be punished with imprisonment for a term of three years, which
may be extended in the case of an offence related to the state's safety
and sovereignty.

Significance

• The idea that every government has the right to keep certain facts out
of the public domain in the name of national security runs counter to
the basic definition of democracy, which is to serve the people.
• The law also comes to a fork in the road when it comes to Article 19
(1), which guarantees every citizen the right to freedom of speech and
expression.
• The Official Secrets Act has been used arbitrarily against media outlets
and journalists who have been found to be critical of the
government's actions and policies.
• The law is in direct conflict with the Right to Information Act
(RTI), which went into effect in 2005 and provides fertile ground for
corruption.

26.Write a note on classified record.

Classification of official information

There are no set criteria for the classification of the information under the
OSA, 1923. After several requests from the human rights activists and
organizations, the Ministry of Home Affairs of India has not revealed any set
pattern of the classification of official information citing the reasons for a social
and political threat to a nation. Further, the OSA does not provide any meaning
of the term ‘Official Secrets’. Thus, public authorities and the government of
India have full discretion and power to define any classic information as
‘secret’ and remove that from the purview of the Right to Information Act,
2005.

The classification of the official information is done by Departmental Security

Instructions (DSI) in accordance with the prior approval from the Ministry of
Home Affairs. The Central Secretariat Manual of Office Procedure provides for
the details of the classified information and documents will be treated, but
there are no set criteria for the classification of official information. The
government has given reasons for not revealing the official information and
provide any classification of official information such as a threat to the security
and privacy of the nation and not revealing any information due to records and
documents involving sensitive issues. Therefore, once the information is said to
be classified, it never comes into the public domain by any means and can be
defined as official or secret information or documents. However, there are
certain criteria to classify the official information depending upon the level of
sensitivity of the information are as follows:

Top secret

It is the information that is to be kept secret for the security of the nation, and
its disclosure could cause “exceptionally grave damage” to the public interest
in large. This is reserved for the utmost confidentiality in the workings of the
government.

Secret

It is the information to promote the social security of the nation whose

disclosure could cause “serious damage” to the security and confidentiality of
the nation. This category is generally reserved for the matters highly important
for the security of national interest.

Confidential

It is for information that can cause “threat or damage” to national interest and
provide significant damage to the government if disclosure of information has
been made without proper authorization. Further, the disclosure of the
information would be prejudicial to the interest of the nation.

Restricted

It is that information which is communicated only for the purpose of official

use and not to be shared without authorization to any person except for
official use.

27.What is information? Explain the procedure to obtain information and

disposal of information under the right to information Act 2005.
Refer Q.No.21

Section 7 of RTI Act 2005 "Disposal of request"

(1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-
section (3) of section 6, the Central Public Information Officer or State Public
Information Officer, as the case may be, on receipt of a request under section 6
shall, as expeditiously as possible, and in any case within thirty days of the
receipt of the request, either provide the information on payment of such fee as
may be prescribed or reject the request for any of the reasons specified in
sections 8 and 9:

Provided that where the information sought for concerns the life or liberty of a
person, the same shall be provided within forty-eight hours of the receipt of
the request.

(2) If the Central Public Information Officer or State Public Information Officer,
as the case may be, fails to give decision on the request for information within
the period specified under sub-section (1), the Central Public Information
Officer or State Public Information Officer, as the case may be, shall be
deemed to have refused the request.

3) Where a decision is taken to provide the information on payment of any

further fee representing the cost of providing the information, the Central Public
Information Officer or State Public Information Officer, as the case may be, shall
send an intimation to the person making the request, giving -

(a) the details of further fees representing the cost of providing the information
as determined by him, together with the calculations made to arrive at the
amount in accordance with fee prescribed under sub-section (1), requesting him
to deposit that fees, and the period intervening between the dispatch of the said
intimation and payment of fees shall be excluded for the purpose of calculating
the period of thirty days referred to in that sub-section;

(b) information concerning his or her right with respect to review the decision
as to the amount of fees charged or the form of access provided, including the
particulars of the appellate authority, time limit, process and any other forms.

(4) Where access to the record or a part thereof is required to be provided under
this Act and the person to whom access is to be provided is sensorily disabled,
the Central Public Information Officer or State Public Information Officer, as the
case may be, shall provide assistance to enable access to the information,
including providing such assistance as may be appropriate for the inspection.

(5) Notwithstanding anything contained in sub-section (5), the person making

request for the information shall be provided the information free of charge
where a public authority fails to comply with the time limits specified in sub-
section (1)

(6) Before taking any decision under sub-section (1), the Central Public
Information Officer or State Public Information Officer, as the case may be, shall
take into consideration the representation made by a third party under section
11.

(7) Where a request has been rejected under sub-section (1), the Central Public
Information Officer or State Public Information Officer, as the case may be, shall
communicate to the person making the request -

(i) the reasons for such rejection;

(ii) the period within which an appeal against such rejection may be preferred;
and

(iii) the particulars of the appellate authority.

28.What is public authority? Explain the obligations of public Authorities

under the RTI Act, 2005.

The Right to Information Act- Public Authority

• Section 2(j) of the RTI Act 2005, defines the “Right to
Information” accessible under this Act which is held by or under the
control of any public authority.
• In this context, Public Authority means any authority or body or
institution of self-government established or constituted-
o By or under the Constitution;
o By any other law made by Parliament/State Legislature.
o By notification issued or order made by the appropriate
Government, and includes any-
o Body owned, controlled or substantially financed;
 o Non-Government organizations, substantially financed,
directly or indirectly by funds provided by the appropriate
Government.

Refer Q.No: 14 for obligations of public Authorities under the RTI Act, 2005.
29.Narrate the features of public records act, 1993. What are the powers of
central government.
Refer Q.No.4
30.Write a note on Democracy & RTI
Introduction:
The right to information is a fundamental right under Article 19 (1) of the Indian
Constitution. In 1976, in the Raj Narain vs the State of Uttar Pradesh case, the
Supreme Court ruled that Right to information will be treated as a fundamental
right under article 19. The Supreme Court held that in Indian democracy, people
are the masters and they have the right to know about the working of the
government.
Thus the government enacted the Right to Information act in 2005 which
provides machinery for exercising this fundamental right.
Objectives of the RTI Act

1. Empower citizens to question the government.

2. The act promotes transparency and accountability in the working of the
government.
3. The act also helps in containing corruption in the government and work
for the people in a better way.
4. The act envisages building better-informed citizens who would keep
necessary vigil about the functioning of the government machinery.

Significance of the RTI Act

• The RTI Act, 2005 empowers the citizen to question the secrecy and abuse
of power practised in governance.
• It is through the information commissions at the central and state levels
that access to such information is provided.
• RTI information can be regarded as a public good, for it is relevant to the
interests of citizens and is a crucial pillar for the functioning of a
transparent and vibrant democracy.
 • The information obtained not only helps in making government
accountable but also useful for other purposes which would serve the
overall interests of the society.
• Every year, around six million applications are filed under the RTI Act,
making it the most extensively used sunshine legislation globally.
• These applications seek information on a range of issues, from holding the
government accountable for the delivery of basic rights and entitlements
to questioning the highest offices of the country.
• Using the RTI Act, people have sought information that governments
would not like to reveal as it may expose corruption, human rights
violations, and wrongdoings by the state.
• The access to information about policies, decisions and actions of the
government that affect the lives of citizens is an instrument to ensure
accountability.
• The Supreme Court has, in several judgments, held that the RTI is a
fundamental right flowing from Articles 19 and 21 of the Constitution,
which guarantee to citizens the freedom of speech and expression and
the right to life, respectively.
31.Write a note on Judiciary & Right to information.
Introduction:
The judiciary is the protector and defender of our Constitution. It draws the
boundaries of functioning public authorities. The primary purpose of the
judiciary is to provide justice to every individual in the country and to put a bar
on increasing corruption. Rights are the interests recognised and secured by
statute. The sanctity of the right is strengthened if accepted by a country’s
constitution. In the Indian sense, where the common people have been subject
to neglect for decades, constitutional values are the only messiahs who can
guarantee the liberty of all kinds. Information plays a crucial role in creating
public awareness by making them informed.

In a developing country like India, accessing information is a daunting job to be

done by a majority of less educated and illiterate people who are ignorant of
their rights. Red tapestry and bureaucratic supremacy hesitate greatly in
empowering people. In addition, the system is still haunted by the colonial
legacy which was copious with the policy of secrecy. Here, the Indian
Constitution comes to the rescue of the man by granting him some
fundamental rights. These rights reflect the basic principles of life in a civilized
society and have been given pride in our Constitution.
For many decades there has been no legal right to information despite the
establishment of parliamentary democracy in India, and our Constitution also
does not use the expression freedom of information in Art. 19. It was by
interpreting Article 19(1)(a) of the Constitution that the Supreme Court
exercised a fundamental right to information as implicit in the right to freedom
of expression and speech. This right is of special significance to the media
whose lifeline is information and whose responsibility it is to provide the public
with information. In several landmark cases, the judiciary has expressly held
the right to information as a natural concomitant of Article 19(1)(a) and Article
21 of the Indian Constitution, i.e. the right to freedom of speech and
expression and the right to life and freedom comprising of the right to
information. If a citizen’s right to information is denied, the right to live loses
much of its meaning. It was generally recognised as a requirement in the
preamble to the Act by way of commitment to establishing an educated
citizenry, to eradicate corruption and to promote accountability and
transparency in the operation of every public authority.

Landmark cases

Romesh Thappar v. State of Madras

In Romesh Thappar v. State of Madras, the petitioner had challenged an order

issued under Section 9(1-A) of the Madras Maintenance of Public Order Act,
1949, by the then Government of Madras, imposing a ban on the circulation of
the petitioner’s journal. Such a ban order was laid down as a violation of the
right to freedom of speech and expression provided for in Article 19(1)(a).

Hamdard Dawakhana v. Union of India

In Hamdard Dawakhana v. Union of India, the Supreme Court had declared

that the right to information is a part of Article 19(1)(a) of the Indian
Constitution. Although advertising is undeniably a means of expression, its true
character is expressed in the object it is used to promote. It assumes the
characteristics and elements of the operation pursuant to Art. 19(1) that it
intends to help by bringing it to public attention.
State of U. P. v. Raj Narain

In the case of the State of U. P. v. Raj Narain, it was reiterated that it is the
responsibility of the government like ours where all public officials have to be
accountable for their actions. The people of this country have the right to
know about every public act, all that the public functionaries do in a public
way. The facts of this case were that Raj Narain, who questioned the legitimacy
of Mrs Gandhi’s election, needed Blue Books to be revealed containing the
tour program and the security steps taken for the Prime Minister. Though
disclosure had not been approved, Justice Mathew had held that the people of
the country have the right to know the details of each public transaction during
all its hearings.

32.Explain the procedure for obtaining information and what information’s

are not disclosable under the act, 2005.
Refer Q.No. 13 & 27.
33.Explain the mechanisms provided for the administration of Right to
information Act, 2005 provisions.

Mechanisms:

• An individual files an RTI with the central/ state public information

officer (PIO) or a specific PIO. PIOs are often not trained, and rarely
apply for the position, but are instead designated.
• Within five days the information is to be forwarded to the correct PIO.
• The PIO must open a file and dispose of the request within 30 days.
• If the PIO fails to reply to the applicant by either approving or denying
a request, the PIO is liable to pay a fine of Rs. 250 for each day of delay.
• If information is electronically uploaded, it is stored in any format the
officer chooses (jpeg, pdf, html, etc).
• Except for land records and staff records, files are retained for a
maximum of one year.
• If the PIO does not dispose of the request, there is scope for an appeal
within 30-45 days to the appellate authority.
• There is scope for a second appeal to the information commissioner if
the authority does not respond within 90 days or the answer is found
to be unsatisfactory.
• The final decision of the information commissioner is binding.
Filing an RTI request
Though there is no specific format an individual must follow when submitting an
RTI, when filing a request, individuals must include:

• His /her name and address.

• The name and address of the public information officer (PIO).
• The particulars of information/documents required (limited to 150
words and one subject matter).
• The time period of the information required.
• Proof of payment.
• Signature.
• Proof if the individual is a BPL holder.

Information that an individual can request under the RTI Act

• Inspection of work, documents, and records

• Taking notes, extracts or certified copies of documents or records.
• Taking certified samples of material.
• Obtaining of information in the form of diskettes, floppies, tapes, and
video cassettes, or in any other electronic mode, or through printouts
where such information is stored in a computer, or in any other device.
• Obtaining the status of an RTI request or complaint.

Note: If an individual is requesting third party information, the PIO must inform
the third party and provide the individual the opportunity to state a reason for
not disclosing the information.

Accepted format of requested materials and records

• Material requested can be in any format including: records,

documents, memos, emails, opinions, advices, press releases,
circulars, orders, logbooks, contracts, reports, papers, samples,
models, and data material held in any electronic form.
• Records requested can include: any document, manuscript and file,
any microfilm, microfiche and facsimile copy of a document, and
reproduction of image or images embodied in such microfilm (whether
enlarged or not), and any other material produced by a computer or
any other device.
Possible Responses to an RTI request
An information officer can respond to an RTI in the following ways:

• Transfer request to appropriate PIO within five days and notify the
applicant about the transfer.
• Provide the requested information within 30 days.
• Reject the request information within 30 days stating the reasons for
rejection, the period within which an appeal against such rejection
may be preferred, and the details of the appellate authority.
• Not respond to the applicant. If no response is received within 30 days
the officer is liable for a penalty of Rs. 250 per day.

Appeal/Complaint Process

• First appeal can be filed after 30 days or if the information given was
unsatisfactory. The appeal must include: name and address of the
appellant, name and address of the PIO involved, brief facts leading to
appeal, relief sought, grounds for appeal, and copies of the application
or documents involved, including copies of the reply, if received from
the PIO.
• Second appeal must contain: name and address of the applicant, and
name and address of the PIO involved, particulars of the Order
including the number if any against which the appeal is preferred, brief
facts leading to the appeal, if appeal/complaint is preferred against
deemed refusal then the particulars of the application, including
number and date and name, address of the PIO to whom
the application was originally made, relief sought, grounds for the
relief, verification by the applicant, any other information which the
commission may deem necessary for deciding during the appeal, self
attested copies of the application or documents involved, copies of the
documents relied upon by the appellant and referred to in the appeal,
and an index of the documents referred to in the appeal.
• A complaint must include: name and address of the complainant,
name and address of the state PIO against whom the complaint is
being made, facts leading to the complaint, particulars of the
application [number, date, name and address of the PIO (three
copies)], relief sought, grounds and proof for relief, verification of the
complainant (three copies), index of documents referred to in the
complaint, and any other necessary information.[3]
34.Explain the objectives of official secrets Act, 1923. How are these
provisions relevant in Right to information act, 2005.
Objectives:

This law applies to government servants, government officials, citizens of the

country, etc., charged with spying, unlawful use of public servants’ uniforms,
intervening in armed forces, wrongful communication of information,
harbouring spying, etc.
These confidential official documents covered under this act can be in any
form under section 5 of the act.

These can have the form of an official code or password, sketch, model, plan,
note, article, document, or information related to or used in a prohibited
place.

It deals with spying, espionage, and other threatening activities against its
integrity.

This law states activities like spying, wrongful communication of secret

information, unauthorised use of uniforms, falsifying reports, harbouring spies,
withholding information, interference or obstruction with the police or armed
forces in prohibited areas as punishable offences under section 3 of the OSA.

1. The idea that every government getting to keep certain information

away from the public domain in the name of national security finds a
contradiction in the very idea of democracy where a true democracy
stands to work for the people.
2. The law also finds itself in the crossroads of Article 19 (1) which gives
every citizen the fundamental right of freedom of speech and
expression.
3. The act does clarify what documents or information can be deemed
“secret”, thus the Act can be misused with government authorities
branding information or documents as official secrets as they see fit.
 4. The OSA has often been arbitrarily used against media houses and
journalist who are found opposing the action of the government and
questioning its policies.
5. The law contradicts the Right to Information (RTI) Act that came into
effect in 2005 and creates ample ground for corruption.

Impact of RTI on the Official Secrets Act

There is a huge contrast between these two Acts as the Official Secrets Act,
1923 was brought in India for the culture of secrecy and specific denial of any
claim against the workings of the government and the RTI was established in
India to bring transparency and accountability in the workings of the
authorities and Government of India. Thus, the actual difference between
these two is about the workings and shift of cultures of the two regimes.
However, there are certain provisions enshrined under the RTI Act, which does
not let the Official Secrets Act supersede it for public use and reduction in the
abuse of power. Thus, RTI is not applicable to all the information and
documents of the government as the information must be a ‘public authority’
to come within the purview of the RTI Act.

According to the provisions of the Right to Information Act, 2005, if there is a

clash between the two laws, the public interest will prevail. Section 8(2) of the
RTI Act, 2005 states that “Notwithstanding anything contained in the
provisions of the Official Secrets Act, 1923, nor any exemption is allowed in the
provisions of Section 8(1) of the RTI Act, a public authority has a right and is
allowed to access the information and documents, if done for the public
interest in large or if the disclosure outweighs the harm to the protected
interests.

Further, Section 22 of the RTI Act enumerates that the provisions of the RTI Act
shall have effect notwithstanding anything against it, as mentioned in the OSA,
1923 or any other law for the time being or in any instrument having effect by
virtue of any other law. Thus, the Right to Information Act is very significant in
the present scenario where a lot of corruption and unscrupulous acts are
happening in the activities of the government departments. The RTI Act was
established with the sole purpose to provide a right to information for citizens
of the country. Therefore, the new provisions added to the Right to
Information Act ensures greater transparency and accountability in the
workings of the government.
35.Discuss the international conventions on right to information.
Refer Q.No: 07.

36.Write a note on RTI & Corruption

Refer Q.No.08.
37.Transparency is the rule and secrecy is an exception “Referring to this
statement explain the relevance of the official secrets act, 1923 and its
salient provisions.

▪ In a democracy, people are sovereign and the elected government and

its functionaries are public servants. Therefore by the very nature of
things, transparency should be the norm in all matters of governance.
▪ People should have the unhindered right to know the decisions of the
Cabinet and the reasons for these, but not what actually transpires
within the confines of the ‘Cabinet room’. The Act recognizes these
confidentiality requirements in matters of State and Section 8 of the Act
exempts all such matters from disclosure.
▪ The Official Secrets Act, 1923 (hereinafter referred to as OSA), enacted
during the colonial era, governs all matters of secrecy and confidentiality
in governance. The law largely deals with matters of security and
provides a framework for dealing with espionage, sedition and other
assaults on the unity and integrity of the nation.
▪ While Section 5 of OSA was obviously intended to deal with potential
breaches of national security, the wording of the law and the colonial
times in which it was implemented made it into a catch-all legal
provision converting practically every issue of governance into a
confidential matter.
▪ This tendency was buttressed by the Civil Service Conduct Rules,
1964 which prohibits communication of an official document to anyone
without authorization.
▪ Section 123 of the Indian Evidence Act, enacted in 1872, prohibits the
giving of evidence from unpublished official records without the
permission of the Head of the Department, who has abundant discretion
in the matter

Provisions
 • The Official Secrets Act of 1923 expanded its provisions to
safeguard the privacy and secrecy of the country's government,
particularly for the country's national security.
• A high-ranking government official charged with safeguarding such
confidential information, or a person hired by such an
official, obligated by a contract, or holding a contract on behalf of the
government.
• The term "foreign agent" refers to someone who has reasonable
reasons to believe that he or she is working for a foreign authority in
any way.
• If anyone gets into a prohibited location or helps someone else get into
a prohibited place, it is against the state's safety.
• If any person, acting against and without regard for the state's
safety and interests, approaches and attempts to enter a prohibited
place, makes a sketch or plan useful to
enemies, collects and communicates secret code, password, document,
plan, notes, etc. useful to enemies, without regard for the state's safety
and sovereignty.
• It shall be punished with imprisonment for a term of three years, which
may be extended in the case of an offence related to the state's safety
and sovereignty.

38.Write a note on objectives of the public records act 1993.

Objectives:

• makes provision for the Public Record Office moving it from the
Master of the Rolls to the Lord Chancellor and putting a Keeper of
Public Records at its head.
• gives various powers and duties to the Secretary of State for Digital,
Culture, Media and Sport, some of which are delegated to the
Keeper of Public Records
• gives various powers and duties to the Keeper of Public Records,
including:
o in particular, the power to guide, supervise and
coordinate arrangements for selection and transfer of
public records
o the power to acquire non-public records
• defines which bodies produce public records
 • establishes that records include ‘not only written records, but
records conveying information by any means whatsoever’ – so
including electronic documents, emails, social media and databases,
photographs and recorded film and sound information
• sets up the Secretary of State for Digital, Culture, Media and
Sport’s Advisory Council
• sets up arrangements for the selection and transfer of public
records to The National Archives or a place of deposit by a specified
deadline. From 1 January 2013 this was reduced from 30 to 20
years, but there is a 10-year transition in place covering records
from the years 1984-2001 and a ‘saving’ provision means that
records from 1983 remain subject to a 30-year transfer rule
• allows public records to be retained by a department for a further
period if the Secretary of State for Digital, Culture, Media and Sport
approves
• sets up the place of deposit system, by which other archives services
around the country can be appointed to preserve and provide
access to public records
• makes special provision for public records relating to Scotland and
Northern Ireland, allowing them to be transferred there where
appropriate. There is also special provision for Welsh
public records: under the Government of Wales Act 2006, they are
not subject to the PRA but are to be treated as if they were until an
order has been made transferring responsibility for them to Welsh
ministers
• sets up arrangements for research and other use of public records
and for related services, such as opportunities to inspect records
and to buy copies of them
• allows fees specified in a statutory instrument to be charged for
copies and other services
• allows records not selected for preservation to be presented to
another institution as an alternative to destruction
39.Write a note on First Appellate Authority.
Introduction:
 Section 19(1) of the Central Act requires that officers are appointed to who
are "senior in rank" to the Public Information Officer (PIO) to deal with
appeals from requesters who are unhappy with how their request has been
handled. These officers are commonly referred to as Appellate Authorities.

When appointing Appellate Authorities, a balance needs to be struck

between ensuring that they are accessible to the public, but at the same
time that they are sufficiently senior officials to be both willing and able to
override a PIO and order disclosure of information.

Whoever is appointed as an Appellate Authority needs to have the capacity

to genuinely review the decision of a PIO and make hard decisions about
whether information should be released. Otherwise, if the Appellate
Authority is too junior in the overall hierarchy of the public authority they
may tend simply to support the PIO. In recognition of this fact, under
the Karnataka State RTI Act for example, the Appellate Authority was the
head of the public authority.

There has been some confusion over whether every an Appellate Authority
needs to be appointed who is directly senior to every PIO, or whether - so
long as they are sufficiently senior in rank - a smaller number of Appellate
Authorities can be appointed within every organisation covered by the
Central Act. This approach could have benefits because if there are a
smaller number of Appellate Authorities, then they can be given more
targeted training and their expertise will be developed more quickly
because they will handle more appeals. However, if this option is pursued,
enough Appellate Authorities still need to be appointed to ensure that they
are accessible to aggrieved requesters and will respond to complaints within
the relevant time limits imposed by the Central Act.

40.Write a note on International Conventions on RTI.

Refer Q.No.07

BY
ANIL KUMAR K T LLB COACH