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RTIAct2005: legislation enacted byIndian gov2provide citizens with right to access

Info. Promotes transparency, accountability& empower individuals by enabling them to


seek &obtain Info. from Gov.dep.& agencies. Enacted Oct12, 2005, eff.since
Oct.132005. Def:S.2(j)definesRTI as d right to access info.held by public auth.. S.2(h)
defines "Pub.Auth." as any auth. or body est. by or under d Const., statute, or gov.
notification; Art.19(1)(a) of d Indian Const.: Guarantees d right to freedom of speech&
expression, including d right to seek& receive Info.; S.4 of d RTI Act: Mandates
proactive disclosure of Info. by public Auth.; S.6 of d RTI Act: Provides d process for
submitting a request for Info. to d public Info. officer (PIO); S.8 of d RTI Act: Specifies
d grounds for exempting certain categories of Info. from disclosure; S.19 of d RTI Act:
Deals with d process of filing an appeal to d first appellate auth.; S.20 of d RTI Act:
Provides for penalties& disciplinary action for non-compliance or deliberate
withholding of Info. by public officials. *Objectives:1-Transparency: Ensuring access
to Info. held by public Auth.CASE: CBSE v. Aditya Bandopadhyay 2011-SC held
answer sheets of public exam.fall within d ambit of "info."& should be disclosed under
RTI, promoting transparency in d evaluation process. 2-Accountability: Holding public
Auth.accountable for their actions&decisions. CASE:P.P.Bafna v. St.of Maharashtra
2018- Mhrshtr, St. Info. Commission held that Info. related to assets& liabilities of
public servants should be disclosed under RTI, promoting accountability in public
service.3- Corruption Prevention: Promoting integrity& deterring corrupt practices.
CASE: Girish Ramchandra Deshpande v. Central Info. Commission2012- SC held
details of income tax returns of public servants can be disclosed under RTI, facilitating
d detection& prevention of corruption. 3-Citizen Empowerment: Empowering citizens
to participate in governance& decision-making processes. CASE: Namit Sharma v.
Union of Ind. 2013 -Delhi HC held citizens have d right to access Info. about
environmental impact assessments, enabling their active participation in environmental
decision-making. 4-Good Governance: Promoting efficiency, effectiveness,& fairness
in public administration. Example: Indian Council for Enviro-Legal Action v. Union
of India (2011) – SC emphasized that RTI plays a crucial role in ensuring good
governance by providing access to Info. on environmental matters, leading to informed
decision-making. Scope: 1. Applicability to Public Auth.. 2. Coverage of Private
Bodies: Private Bodies Performing Public Functions. *Contribution of RTI Act
towards achieving its objectives:

1-Increased Transparency: Disclosure of Info.; Access to Gov.Records; Disclosure of


Gov.Policies; 2-Empowering Citizens: Active Participation; Holding Auth.Accountable;
Exercising Democratic Rights; 3-Enhanced Accountability: Monitoring Gov.Actions;
Curbing Corruption; Preventing Abuse of Power; 4-Improved Governance: Promoting
Good Governance Practices; Strengthening Public Institutions Facilitating Public
Scrutiny; 5-Reduced Corruption: Exposing Wrongdoings; Preventing Misuse of Power;
PromotingEthical Conduct**Disposal of dApplication(Request):processof either
prvdng d requested Info. to d applicant or rejecting d application based on d provisions
of d RTI Act2005.Public Info. Officer PIO examines d request to determine its
validity& whether it falls under any prohibitions or exemptions mentioned in Sections
8, 9, or 24 of d RTI Act.*Procedure or Mode for d Disposal of Request:1.PIO's
Obligation: Dispose of rqust within 30 days, with 5 extra for t/f or APIO. Rejection
allowed under Ss. 8, 9, or 24. 2. Personal Life& Liberty Info .:S.7(1) Provide within 48
hours (45 days for exempt orgs.). CIC decides medical cases under life & liberty.
3.Undeclared Refusal: Failure to supply info within time is deemed refusal. Wilful
refusal punishable under S. 20. Appeal available. 4.Addt.Cost of Info.: Separate fee (S.
7(3)(a)) charged. Calculations conveyed by PIO. No fee if delayed supply. 5.Right to
Appeal: Review fee calculation or form. Challenge amount, form, or reasonability.
Details of appellate auth. provided. 6. Assistance to Disabled: Provide access assistance
based on disability seriousness. 7. Consideration of Conditions: Reasonable fee, no fee
for below poverty line. Ensures accessibility despite socio-economic conditions.
8.Compensation4Delay: Delayed supply waives fee. Compensation for applicant, not a
penalty for PIO. 9. Partial Disclosure: Provide non-exempt, severable Info.10. Hearing
for Third Party: Consider representations under S. 11. Natural justice principles.
Decision after hearing affected parties. 11. Reasons for Rejection & Appeal: Give
reasons for rejection. Enables statutory remedies. Intimation of appeal period& auth..
12. Speaking Order for Rejection: Reasons required, not a simple "no." 13. Excess
Items No Justification: Large number not grounds for rejection. Manageability matters.
14. Missing File Not Justification: Efforts to trace must be documented. Decline only if
genuinely missing. 15. Weeded Out Record Not Justification: Provide if available
during weeding out. 16. Form of Info.: Generally provide in requested form unless
resource diversion or record safety.

Exemptions under RTI Act: S.8: Exemption from disclosure of certain Info. (i) S.8(1):
Info. that would prejudicially affect sovereignty, integrity, security, strategic, scientific,
or economic interests of d country. CASE:Adarsh Cooperative Housing Society Ltd. v.
Union of India-S.8(1) upheld d exemption of Info. that could prejudice d country's
sovereignty, integrity, security, strategic, scientific, or economic interests. 2-S.8 (ii):
Info. that has been expressly forbidden to be published by a court of law or tribunal
CASE: Sahara India Real Estate Corporation Ltd. v. SEBI upheld S. 8(2) of d RTI Act,
emphasizing d need to balance right to Info. with court orders prohibiting
publication.iii)-S.8(3): Info. received in confidence from foreign governments. CASE:
R. K. Jain v. Union of India: S.8(3) exempts Info. received from foreign governments.
Upheld by SC. 4-S.8(iv):Trade secrets, commercial confidence, or intellectual property.
CASE: R. Balakrishnan Pillai v. Kerala State Road Transport Corporation, S.8(4) of d
RTI Act safeguards trade secrets, commercial confidence,& intellectual property rights.
(v)S.9: Disclosure of Info. affecting copyright& intellectual property rights. CASE:
University of Delhi v. Info. Commissioner, S.9 of d RTI Act protects d disclosure of
Info. that may affect copyright& intellectual property rights.(vi)S.11:Third-party Info..
6a-S.11(1): Info. provided by a third party& treated as confidential. 6b-S.11(2): Giving
d third party an opportunity to make submissions against disclosure. CASE: Girish
Ramchandra Deshpande v. Central Info. Commission & Ors., S.11 of d RTI Act ensures
d protection of third-party Info.& provides an opportunity for d third party to make
submissions against its disclosure.(vii)S.24:Exemption of certain org. fromRTI Act's
application: Intelligence& security organizations specified in Second Schedule of Act.
CASE: Union of India v. Association for Democratic Reforms (ADR) & Anr., S.24 of
RTI Act exempts certain intelligence& security organizations specified in d Second
Schedule from its application, ensuring d protection of sensitive Info. related to national
security. Note: RTI Act provides certain exemptions for disclosure of Info.toprotect
national security, commercial interests, intellectual property rights &3rd-party
confidentiality. It also exempts certain intelligence& security organizations from its
application.

Government's Privilege to Withhold Disclosure of Docs: Gov.is allowed to withhold


disclosure of Docs. in specific situations to protect national interests& security;
privilege based on principle of maintaining confidentiality& safeguarding sensitive
Info.;In UK& USA, similar privileges exist to protect classified Info.&state secrets;In
England, "Crown privilege" or "public interest immunity" allows withholding Docs. that
may harm national security or public affairs; InUSA,"executive privilege" permits
withholding Docs. to protect confidentiality, national security,& d executive branch's
deliberative process; Privilege claims are subject to judicial review to balance
Gov.confidentiality & d public's right to access Info.*Citizen Access to Info.:Refers to
individuals' right to access Info. held by public Auth., promoting transparency&
accountability in governance; RTI Act in India& similar laws worldwide establish a
legal framework for citizens to exercise this right; Empowers citizens to participate in
decision-making, hold Auth.accountable,& contribute to democratic
functioning.*International Trend of Enacting RTI Laws: - Growing global trend of
enacting RTI laws for transparency, accountability,& citizen empowerment; RTI laws
vary but share d objective of promoting transparency& citizen access to Info; RTI Act
in India promotes transparency, accountability,& citizen participation in governance.
Freedom of Info. Act, UK (2000):Grants individuals d right to access Info. held by
public Auth.; Aims to increase transparency, accountability,& public trust in
government.*i)Official Secrets Act1923:deals with protection of official secrets&
sensitive Gov. Info.; Prohibits disclosure of certain classified Docs.& Info. that could be
detrimental to security& interests of nation; S.5,Act provides power to Gov.to withhold
Docs. in d interest of public safety& security. ii) Ind.Evidence Act1872: governs d
admissibility of evid.in Indian courts; S.123 of d Act grants privilege to withhold Docs.
in certain situations, known as "privilege against disclosure"; d privilege can be claimed
by d Gov.or any public officer to refuse to disclose Docs. if it is against public interest
or national security. InConclusion: Citizen access to Info. empowers individuals,
promotes transparency,& holds Auth.accountable; d privilege to withhold Docs.is
recognized inIndia under OfficialSecretsAct1923& Ind.Evid.Act1872;These laws
provide legal framework2protect sensitive Info.& maintain national security; Gov. can
claim privilege to refuse disclosure to safeguard public safety& national interests.

Central Info.Commission: statutory body est. under RTI, serves as the highest
appellate authority for matters related to the right to information. CIC

responsible4ensuring proper implementation of RTI A, resolving disputes&adjudicating


on complaints &appeals filed by individuals who are not satisfied with response
received4public auth. *Const. of d CIC:1-consists of Chief Info. Commissioner& Info.
Commissioners, appointed by d President of India. 2-The Chief Info. Commissioner&
Info. Commissioners have d same status as that of d Chief Election Commissioner&
Election Commissioners, respectively. *Powers/FunctionsCIC: 1-Adjudication: power
to adjud.on appeals& complaints filed under RTI.2- Deciding Appeals: hears& decides
appeals against decisions of First Appellate Auth. (FAA) or public Auth..3- Enforcing
Disclosure: can direct public Auth.to disclose requested Info.& ensure compliance with
RTI A. 4-Imposing Penalties: power 2impose penalties on public Info. officers for non-
compliance with provisions of RTI Act. 5-Promoting RTI Awareness:conducts
workshops, seminars,& campaigns to promote awareness about
RTIA.*Qualifications:Chief Info.Commissioner& Info. Commissioners of CIC are
appointed by President of India; Chief Info. Commissioner should be a person of
eminence in public life with experience in law, science, or technology, social service,
management, journalism, or mass media;Info. Commissioners should have similar
qualifications as specified for Chief Info. Commissioner; They should not be a Member
of Parliament or Member of d Legislature of any state or Union territory.*Tenure &
Service Conditions: Chief Info. Commissioner& Info. Commissioners hold office for a
term of 5yrs or until they attain age of 65yrs, whichever is earlier; They aren’t eligible
for reappointment; Chief Info. Commissioner& Info. Commissioners aren’t subject to
control of any auth., except for provisions of RTI Act& conditions of service as
prescribed by Central Gov.; Their salaries, allowances,& other terms& conditions of
service are determined by Central Gov. *Removal of Members: d Chief Info.
Commissioner or Info. Commissioner can be removed from office by d Pres. of Ind. on
grounds of proved misbehavior or incapacity; Pres. can remove them only after an
inquiry made by a Sup.C. judge, in response to a ref. made by Pres.; Pres. may also
remove member if they have acquired any financial or other interests that affect their
functioning impartially.

Cases decided Hon. S.C. on RTI: RTI A has been subject to several landmark
judgments by d HonorableS.C.of India, which have significantly shaped d
interpretation& implementation of d Act. Some of d leading cases are: 1. St.of
U.P. v. Raj Narain, 1975: Although predating RTI Act, this case is often cited as
a foundation for d right to Info.. dS.C.held that citizens have a right to know
about d affairs of d government, emphasizing d importance of transparency in a
democratic society. 2. CBSE v. Aditya Bandopadhyay 2011: S.C. clarified that
examination answer sheets fall under d definition of "information" under d RTI
Act. d judgment emphasized d public's right to access evaluated answer sheets,
promoting transp.& fairness in evaluation process.3.Chief Info. Commissioner v.
St.ofManipur2012:This case dealt with d issue of appointment& tenure of Info.
Commissioners. D S.C.held that d tenure of Info. Commissioners at d central&
state levels should be fixed for a term of five years or until d age of 65,
whichever is earlier. This judgment ensured independence& stability in d
functioning of Info. Commissions. 4.Union of India v. Association for
Democratic Reforms2002: This case addressed d disclosure of criminal
antecedents& financial details of candidates contesting elections. dS.C.ruled that
voters have d right to know about d background& assets of candidates, leading to
increased transparency in d electoral process. 5. St.of Pnjb v. S.K.
Sharma2016:S.C. clarified scope ofSec.24 of RTI A, which exempts certain
intelligence& security organizations from purview of Act. Court held that
exemption would apply only to organizations directly involved in intelligence
gathering& not to organizations engaged in other administrative or regulatory
functions. 6.Central Public Info. Officer, S.C.of India v.Subhash Chandra
Agarwal2019:dealt with disclosure of Info.Related2 appoint. of judges. of
S.C.reiterated importance of judicial transparency& held that RTI Act applies to
judiciary, subject 2certain limitations to safeguard judicial independence

Public Info. Officer:designated officer appointed underS.5(1)of RTI A. Constitution,


powers,& functions of a PIO: 1. Appointment: U/S.5(1), d public auth. appoints one or
more officers as PIOs. d appointment should be notified& made known to d public
through various means, such as publishing d details on d public auth.'s website or notice
boards. 2.Duties& Responsibilities: duties& responsibilities of PIO are outlined
inSec.5(2)& include:a. Receiving RTI applications: receives appl. from citizens seeking
Info. underSec.6(1) of d RTI A. b.Providing assistance: assists applicants in framing
their requests U/s.6(1) to ensure that Info. sought is clear& specific. c. Processing
applications: processes app.within d stipulated time frame, as perSec.7 of d RTI Ac,
which is generally 30days from date of receipt. In case of 3rd-party involvement, d PIO
follows d provisions ofSec.11. d. Gathering& providing Info.:collects d requested Info.
from relevant dep. or div. within d public auth.& provides it to d applicant U/s.7(1). If d
Info. is exempted from disclosure, d PIO communicates d reasons for denial as
perSec.8& 9 of d RTI A. e. MaintainingRecords:of all app. received, inc. details of
applicant, nature of Info. sought,& response provided, as perSec.4(1)(a) of RTI A. 3.
Powers: outlined inS.5(3) RTI A& include: a. Summoning officers: summon any officer
or person in connection with d RTI app. if it is necessary for inquiry or proceedings
underSec.19(2). b. Seeking assistance: can seek assistance from any other officer or
department as may be necessary for d proper discharge of their duties underSec.5(3)(b).
C. Inspection of records: auth. to inspect d records relevant to d RTI application to
ascertain d nature& availability of Info. underSec.2(j)&Sec.2(i). 4.Communication:
between PIO& applicant is governed bySec.7(6) of d RTI Act. PIO informs applicant
regarding status of their application, any additional requirements,& final decision on
providing Info. or denying it, along with reasons for denial, if applicable. 5. Appellate
Auth.: In case an applicant is not satisfied with d PIO's decision or if their request is
denied, d PIO informs d applicant about their right to file an appeal with d designated
First Appellate Auth. underSec.19(1) of d RTI Act. **Role of PIO is vital in ensuring
transparency& accountability in Gov.functioning.

Third-Party Info:Under RTI A, 3-prty Info. is addressed. Ley points regarding third
party Info.& its availability: 1. Definition: Third party Info. is defined underSec.2(n) of
d RTI Act as any Info. that is held by a public auth. but has been provided by a third
party.
2.Availability: Yes, third party Info. can be obtained under d RTI Act, subject to certain
conditions& grounds for disclosure. 3.Grounds for Disclosure: S.11 RTI A outlines d
grounds for disclosing third party Info.. These grounds include: a. Consent of d third
party: If d third party gives written consent for d disclosure of their Info., it can be
provided underSec.11(1) of d Act. b. Opportunity to be heard: d PIO must give d third
party a reasonable opportunity to make representations against d disclosure of their Info.
underSec.11(2) of d Act. c. Public interest: If d PIO determines that there is an
overriding public interest in disclosing d third party Info., it can be provided
underSec.11(3) of d Act. 4.Procedure: When an RTI application seeks third party Info.,
d PIO is required to follow d procedure outlined inSec.11 of d Act. This includes
issuing notice to d third party, providing them with an opportunity to present their
case,& considering their objections before making a decision on disclosure.
5.Confidentiality: d RTI Act emphasizes maintaining d confidentiality of third party
Info.,& d PIO is obligated to take necessary measures to protect d interests of d third
party while balancing d right to Info. of d applicant. *It is important to note that while
third party Info. can be obtained under d RTI Act, d disclosure is subject to d
provisions& grounds mentioned above. d Act aims to strike a balance between
transparency& protecting d rights& interests of third parties, ensuring that d Info.
sought is disclosed in a manner that respects privacy& confidentiality.*Immunities of
Journalists in legal reporting: derived from principles of freedom of press& d fair
reporting of court proceedings; Journalists enjoy privileges such as protection of
sources, fair reporting of proceedings,& freedom from contempt of court charges; These
immunities enable journalists to perform their professional duties effectively&
contribute to transparency in legal proceedings.
Right to know: is a Fundamental Right under Ind.Const. Now secrecy is an exception&
Info. is d general rule" can be explained with d help of decided cases. Here are d key
points: 1.Fundamental Right: right to Info. is derived from d fundamental right to
freedom of speech& expression guaranteed under Article 19(1)(a) of d Indian
Constitution. 2. Secrecy as an Exception : d general principle is that Info. should be
accessible to d public,& any restriction on this right must be justified. Secrecy or
withholding of Info. is considered an exception& should be limited to specific
circumstances. 3.Decided Cases: Several cases have emphasized d importance of d right
to Info.. Notable cases include: a. *St.of U.P. v. Raj Narain (1975)*: dS.C.held that
citizens have a right to know about d activities of public Auth.,& this right is essential
for a functioning democracy. b. *Secretary, Ministry of Info. & Broadcasting v. Cricket
Association of Bengal (1995)*: d court held that d right to Info. is an integral part of d
freedom of speech& expression,& it includes d right to know d functioning of
Gov.departments. c. *CBSEv. Aditya Bandopadhyay (2011)*: dS.C.emphasized that d
right to Info. is a constitutional right,& public Auth.have a duty to provide Info. unless
it falls within d exceptions prescribed by law. 4. Balancing Test: d courts have
recognized that while d right to Info. is important, it must be balanced with other
considerations such as national security, privacy,& protection of confidential Info..5.
Transparency& Accountability: right to Info. promotes transparency& accountability in
governance, enabling citizens to participate in decision-making processes& hold public
Auth.accountable. Conclusion: d right to know is considered a fundamental right under
d Indian Constitution, with secrecy being an exception. d courts have consistently
emphasized d significance of this right& its role in ensuring transparency&
accountability in governance. Decided cases have further clarified d scope& importance
of d right to Info., affirming that it is d general rule& any restriction on access to Info.
should be justified.
Fundamental Right to Freedom
of Speech& Expression
(Article 19(1)(a))
| |
Right to Know Secrecy as Exception
| |
| | | |
Transparency Access to Restrictions and
& Accountability Info. Exceptions under Law
| | | |
| Decided Cases
| | |
| Importance of Balancing Test
Right to Info. & Public Interest
*Voter's Right to Know: refers to d entitlement of citizens to have access to Info. about
political candidates, their backgrounds, qualifications,& their policy positions;- It
enables voters to make informed decisions during elections& enhances d democratic
process;-While there is no specific provision in d Indian Constitution regarding d voter's
right to know, it is closely linked to d fundamental rights of freedom of speech&
expression (Article 19)& d right to Info. (Article 19(1)(a)).**Role of Civil
Society:refers to d collective action of citizens& organizations outside of d Gov.that
work towards promoting social& political change; Civil society plays a crucial role in a
democracy by advocating for d rights& interests of citizens, monitoring Gov.actions,&
providing a platform for public participation;-It acts as a watchdog, promoting
transparency, accountability,& good governance in society.

State Information Commission:est under RTIA at state level to ensure implementation &
enforcement of Act. S.15: Constitution of State Information Commission; S.16:
Appointment of Chief Information Commissioner and Information Commissioners;
S.17: Qualifications and terms of office; S.18: Functions and powers of the State
Information Commission; S.20: Removal of Chief Information Commissioner and
Information Commissioners. Composition: Consists of a Chief Information
Commissioner and Information Commissioners. *Appointment: Appointed by the
Governor on the recommendation of committee comprising C.M., Leader of Opposition
in the Legislative Assembly, and a Cabinet Minister nominated by the Chief Minister..
*Qualifications: Commissioners must have relevant knowledge and experience in law,
journalism, public administration, social service, or management. *Term of Office: Five
years or until the age of 65, not eligible for reappointment. Functions: 1-Adjudication of
Appeals and Complaints; 2- Investigation of Non-compliance Complaints; 3-Guiding
Public Authorities; 4-Monitoring Implementation; 5-Promotion of Transparency and
Accountability *Removal of Chief Commissioner: Grounds of misbehavior or
incapacity, similar to a judge's removal *Removal Grounds: 1-Action by the President;
2- Reference by the Governor or Legislative Assembly *Removal Process: 1:Inquiry by
the Supreme Court; 2: Decision by the President. **Scope of Decisions by Commission
in RTI Appeals (Section 19): S19 of RTI Act deals with appeal process for rejected
requests.
- Commission's decisions cover: - Granting access to information - Rejecting appeals
- Imposing penalties on non-compliant authorities - Directing proactive disclosure-
Commission must provide reasons for decisions.- Appeals must be filed within 90
days.- Commission has power to summon witnesses and examine evidence.- Timely
disposal of appeals expected. - Commission's decisions are binding on authorities. -
Aims to uphold transparency and accountability.

Ques. 10 Write short notes on any two of d following:


(a) Info.
(b) Records
(c) lmmunities of Journalist involved in legal reporting
(d) Open govemment

(a) Voter's Right to know


(b) Role of Civil Society
(c) Central Info. Commission

(a) Info.:
-Sec.2(f) of d Right to Info. Act, 2005 defines Info. as any material in any form, including records, Docs.,
memos, emails, opinions, etc.
- Info. is accessible to citizens under d Act, subject to certain exceptions& conditions.
- It plays a crucial role in promoting transparency, accountability,& good governance.

(b) Records:
-Sec.2(i) of d Right to Info. Act, 2005 defines records as any document, manuscript, file, microfilm, or
any other material where Info. is recorded, preserved, or stored.
- Records are essential for documenting decisions, actions, policies,& transactions of public Auth..
- d Act emphasizes d maintenance& easy accessibility of records by public Auth..

(c) Immunities of Journalists involved in legal reporting:


- Immunities for journalists involved in legal reporting are derived from d principles of freedom of
press& d fair reporting of court proceedings.
- Journalists enjoy privileges such as protection of sources, fair reporting of proceedings,& freedom from
contempt of court charges.
- These immunities enable journalists to perform their professional duties effectively& contribute to
transparency in legal proceedings.

(d) Open government:


- Open Gov.refers to a system that emphasizes transparency, accountability,& citizen participation in
governance.
- It promotes access to Gov.information, citizen engagement in decision-making processes,& d disclosure
of Gov.activities.
- d Right to Info. Act, along with other mechanisms, fosters open Gov.by granting citizens d right to
access Gov.information& promoting transparency& accountability in public administration.

(a) Voter's Right to Know:


- d voter's right to know refers to d entitlement of citizens to have access to Info. about political
candidates, their backgrounds, qualifications,& their policy positions.
- It enables voters to make informed decisions during elections& enhances d democratic process.
- While there is no specific provision in d Indian Constitution regarding d voter's right to know, it is
closely linked to d fundamental rights of freedom of speech& expression (Article 19)& d right to Info.
(Article 19(1)(a)).

(b) Role of Civil Society:


- Civil society refers to d collective action of citizens& organizations outside of d Gov.that work towards
promoting social& political change.
- Civil society plays a crucial role in a democracy by advocating for d rights& interests of citizens,
monitoring Gov.actions,& providing a platform for public participation.
- It acts as a watchdog, promoting transparency, accountability,& good governance in society.

(c) Central Info. Commission:


- d Central Info. Commission (CIC) is a statutory body established under d Right to Info. Act, 2005.
- It serves as d highest appellate auth. for matters related to d right to Info..
- d CIC is responsible for ensuring d proper implementation of d RTI Act, resolving disputes,&
adjudicating on complaints& appeals filed by individuals who are not satisfied with d response received
from public Auth..
- It consists of a Chief Info. Commissioner& Info. Commissioners appointed by d President of India, with
fixed tenures& conditions of service.

Ques. 1. Objective, Scope, and Nature of RTI Act. Critically analyze the contribution of this law towards
achieving these objectives.

Ques:2: Exemptions under RTI Act. Which categories of information are exempted from disclosure under
RTI Act?

Ques.3. (a) Explain privilege to withhold documents and the law in India. Discuss it in the context of (i)
the Official Secret Act, 1923 (ii) Indian Evidence Act, 1872.

Ques.3. (b) In what situations is the Government allowed to withhold disclosure of documents? Discuss
this privilege with special reference to England and USA.

Ques.4: Explain the Powers and functions of Central Information Commission under RTI Act, 2005.

Ques.5: What do you understand by the disposal of information requests? Describe the procedure
followed under the Right to Information Act for the disposal of requested information.

Ques.6: Discuss leading cases decided by the HonourableS.C.on Right to Information.


Ques. 7- Who is Public Information Officer? Describe constitution, powers, and function of PIO.

Ques.8. Explain third party information under the RTI Act. Can we get third party information? What are
grounds, discuss it?

Ques.9 Right to know is a Fundamental Right under Indian Constitution. Now Secrecy is an exception
and information is the general rule. Explain the above statement with the help of decided cases.

Ques. 10 Write short notes on any two of the following:


(a) Information
(b) Records
(c) lmmunities of Journalist involved in legal reporting
(d) Open govemment

(a) Voter's Right to know


(b) Role of Civil Society
(c) Central Information Commission

Diagram:
Fundamental Right to Freedom
of Speech and Expression
(Article 19(1)(a))
|
|
|
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| |
Right to Know Secrecy as Exception
| |
| |
| |
------------------------ ------------------------
| | | |
Transparency Access to Restrictions and
and Accountability Information Exceptions under Law
| | | |
| | | |
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| |
| |
| |
| Decided Cases |
| |
| |
| |
| ------------------------------------------------
| | |
| Importance of Balancing Test
Right to Information and Public Interest
| | |
| | |
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