Name: Krishan

Roll no.: 121052

Course: BA Programme
Subject: Your Laws, Your Rights (SEC Political Science)
Topic: RTI Act 2005

Introduction

The RTI Act allows any Indian citizen to participate in governance by enabling her or him to
seek information about Central and state government activities. Issues that relate to national
security and external affairs, however, are not covered by the Act.

Right to Information Act of 2005 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.

Historical Context

“Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers” (Kaci, 1948). During the British rule, the British
always tried to keep themselves at a distance so that they don’t face any resistance towards
the exploitative measures adopted by it. To establish the same, the British government
introduced The Official Secrets Act, of 1923 which was a draconian law introduced to retain
the imperative information about the actions of the government. The law is still retained in
India but rather to cover privileged and important information which might affect the nation’s
unity or integrity.

After India gained independence, the struggle for the free flow of information was a
collaboration of three broad groups, the labourers, the activists and the environmentalists. The
labourers were exploited by their paymasters (government officials) who will deny to pay the
labourers under the garb that they have not attended their job even when the attendance
register shows otherwise. Labourers were denied access to this register as it was confidential
government records. One such organisation was the Mazdur Kisan Shakti Sanghathan (MKSS)
which spearheaded the fight for the free flow of information in the state of Rajasthan. The
organisation’s campaign encouraged the demand for information at a grass root level. The
activists’ struggle against unlawful detention, human rights violations, etc was hurdled by the
reluctance of government officials to release any documents. The environmentalists were
concerned with the impacts of rapid industrialization and wanted to know the same from the
government, which the government was not revealing. Hence, by the 1990s, there was a
pressing need for legislation to ensure that people who need information, have access to it
such that they can access information and ask questions from their representatives. This fight
for free information is also joined by professors, lawyers and advocates, and journalists.

In India, the hon’ble supreme court was demanding a Right to information act since 1975. It
was the case of State of UP v. Raj Narain where the Hon’ble Supreme Court held that the Right
to Information will be a Fundamental right under Article 19 of the constitution. The fifth pay
commission also recommended the same. Hence, the Freedom of Information Act 2000 was
introduced to ensure its purpose. The act made it mandatory for government officials to
furnish whatever information is sought by the masses. The bill included the recommendations
of the Shaurie committee report and was passed with a majority in the parliament. However,
this act had several flaws and loopholes which were still being used. The National Campaign
for People’s Right to Information in consultation with civil organisations as well as various other
stakeholders suggested several amendments to the Freedom of Information Act 2000 in 2004
which includes but were not limited to, minimum exclusion, independent appeals and universal
applicability to the National Advisory Council. The council appreciated the efforts and
forwarded the amendments to the then Prime Minister of India, Mr Manmohan Singh. A
revised bill was introduced in the parliament which had better provisions and stringent
application mechanisms, the act was made more robust by inclusions or exclusions. These
amendments were eventually accepted and endorsed which gave birth to the Right to
Information Act, 2005 which was operational since October 12, 2005. The struggle for an
information law by various stakeholders was successful with the introduction of this legislation.
This RTI act led to uncovering and discovery of various frauds and scams, which includes the
Mid-day meal scam amongst others.

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.

Implementation

The Government of National Capital Territory of Delhi introduced ‘Delhi Right to Information
Act’ on 2nd October, 2001. This Act defines an important right for the citizens as it declares
the act of receiving information from any government departments/agencies as a matter of
right. Since, this Act has been formulated by the State Government, Delhi Police, Land, Law
and Order are outside its scope, as they fall under the Central Government of India.
During the period 2001 - 2005, 9673 applications were received under the Delhi Right to
Information Act, 2001. This indicates how extensively the citizens are exercising this right. The
Government of India also enacted a similar Act and has awarded the right to people through
Right to Information Act, 2005 which has come into force from 12th October, 2005. This GoI
Act includes public bodies throughout India. Therefore, it is applicable to all public authorities
of Government of NCT of Delhi including Delhi Police, Land, Law and Order. The Government
of NCT of Delhi is thus implementing both the Acts, therefore the citizens can apply under any
of the two Acts.

The Right to Information (RTI) Act, 2005 is implemented in Delhi by the Delhi government
through the State Information Commission (SIC). The SIC is a quasi-judicial body that hears
appeals against the decisions of public authorities on RTI requests.

Filing an RTI in Delhi

To file an RTI application in Delhi, citizens can visit the RTI Online portal of the Delhi
government. The portal allows citizens to file RTI applications online and track their status.
Citizens can also file RTI applications offline by submitting a physical application to the Public
Information Officer (PIO) of the concerned public authority.

The PIO is the designated person in a public authority to receive and respond to RTI requests.
The PIO is required to provide the requested information within 30 days of receiving the
application. If the PIO is unable to provide the information within 30 days, they must provide
a written explanation to the applicant.

If the applicant is not satisfied with the response from the PIO, they can file an appeal with the
SIC. The SIC will hear the appeal and issue a binding order within 60 days of receiving the
appeal.

The Delhi government has taken a number of steps to promote and strengthen RTI in Delhi,
including:
 • Launching an online RTI portal, which makes it easier for citizens to file and track RTI
requests.
• Organizing training programs for PIOs and Appellate Authorities on the RTI Act.
• Establishing a State Information Commission (SIC) to adjudicate RTI appeals.
• Amending the RTI Act to reduce the time limit for responding to RTI requests and to
make it more difficult for PIOs to deny RTI requests.
• Launching a number of initiatives to promote RTI awareness and usage, such as RTI
workshops, seminars, and campaigns.

As a result of these efforts, the number of RTI requests filed in Delhi has increased significantly
in recent years. In 2022-23, over 10 lakh RTI requests were filed in the city.

Amendments

The process of amendments to Delhi's RTI is as follows:

• The Delhi government proposes an amendment to the RTI Act.

• The proposed amendment is introduced in the Delhi Legislative Assembly.
• The proposed amendment is discussed and debated in the Assembly.
• The proposed amendment is put to a vote in the Assembly.
• If the proposed amendment is passed by the Assembly, it is sent to the Lieutenant
Governor of Delhi for approval.
• If the Lieutenant Governor approves the amendment, it is notified in the Official
Gazette of Delhi and comes into force.
• The Delhi government has to consult with the State Information Commission (SIC)
before proposing any amendments to the RTI Act. The SIC is a quasi-judicial body that
is responsible for adjudicating RTI appeals.

The following are some of the factors that the Delhi government considers when proposing
amendments to the RTI Act:

The recommendations of the SIC

 • The feedback from civil society organizations and RTI activists
• The best practices from other states
• The Delhi government has been proactive in amending the RTI Act to strengthen it and
make it more effective. The amendments that have been made to the RTI Act in Delhi
have been welcomed by civil society organizations and RTI activists.

Here are some examples of how the Delhi government has amended the RTI Act to make it
more effective:

• In 2009, the Delhi government amended the RTI Act to reduce the time limit for
responding to RTI requests from 30 days to 20 days.
• In 2015, the Delhi government amended the RTI Act to make it more difficult for PIOs
to deny RTI requests.
• In 2018, the Delhi government amended the RTI Act to make it more difficult for PIOs
to delay responding to RTI requests.
• In 2020, the Delhi government amended the RTI Act to make it easier for citizens to file
RTI requests against non-government organizations (NGOs) that are substantially
funded by the government.
• In 2022, the Delhi government amended the RTI Act to make it more difficult for PIOs
to misuse exemptions from disclosure of information.

These amendments have made the RTI Act in Delhi one of the most effective in India. The Delhi
government is committed to promoting transparency and accountability in the government,
and the RTI Act is a key tool to achieve this goal.

Problems with RTI

The Right to Information (RTI) Act, 2005 is a powerful tool for empowering citizens and
promoting transparency and accountability in the government in India.
 • Understaffing: The RTI Act is implemented by Public Information Officers (PIOs), who
are responsible for responding to RTI requests. However, there is a shortage of PIOs in
many government departments, which can lead to delays in responding to requests.
• Lack of awareness: Many citizens are not aware of their right to information under the
RTI Act. This is due to a lack of awareness campaigns and outreach programs by the
government.
• Exemptions: The RTI Act contains a number of exemptions from disclosure of
information, such as information related to national security, personal information, and
trade secrets. These exemptions can be used by public authorities to avoid disclosing
information that is in the public interest.
• Frivolous requests: A large number of RTI requests that are filed are frivolous or
vexatious. This can waste the time and resources of PIOs, and make it more difficult for
citizens to get the information they need.
• Retaliation: There have been cases of PIOs and RTI activists being retaliated against by
public authorities for filing RTI requests. This can discourage citizens from using the RTI
Act.

RTI positives

• Increase the number of PIOs

• Raise awareness of the RTI Act
• Narrow down the exemptions
• Discourage frivolous requests
• Protect PIOs and RTI activists

Conclusion

The Right to Information Act has not achieved its full objectives due to some

impediments created due to systematic failures. It was made to achieve social justice,

transparency and to make an accountable government. This law provides us with a

priceless opportunity to redesign the processes of governance, particularly at the

grassroots level where the citizens’ interface is maximum. It is well recognized that the

right to information is necessary, but not sufficient, to improve governance.