Right to Information

Right to Information is a fundamental right embedded in article 19(1) of Indian Constitution which specifies that every citizen has freedom of speech and expression.

Table of Contents

Brief Timeline
RTI Act 2005
Need of RTI
Process of filing a complaint
Role Of The Government
RTI vs Right to Privacy
Political Parties
Contention between RTI &OSA
CJI
Highlights
Changes made in RTI (Amendment) Act
Conclusion

Brief Timeline related to the implementation of RTI

In 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.

In 1996, NCPRI and other groups, with support from Press Council of India, send draft RTI bill to the Union government

In 1997, the Government referred the draft bill to a committee headed by H.D. Shourie & The Shourie Committee submits its report. Tamil Nadu became the first state in India to have passed a law on Right to Information.

2001- Parliamentary committee gives its recommendations

2002 – Supreme Court gives ultimatum to the government regarding the right to information & Freedom of Information Act passed in Parliament

2003 – The Act gets presidential assent, but is not notified.

2004 – The RTI Bill is introduced in Parliament and referred to a parliamentary committee; this bill covered only the central government

2005– The RTI Bill is passed in Parliament; comes into force from October.

RTI Act, 2005 – Basics

The Right to Information Act is considered to be one of the most successful laws in India. It is the law that gives an ordinary citizen the right to ask questions to the government.

Under the RTI Act, 2005, Public Authorities are required to make disclosures on various aspects of their structure and functioning.

This includes:

Disclosure of their organisation, function and structure.
Powers and duties of its officers and employees
Financial information.

The Public Authority here includes the bodies of self-government established under the constitution or any law or government notification. These include the Ministries, public sector undertakings and regulators.

It also includes any entities owned, controlled or substantially financed and non-governmental organisations substantially financed directly or indirectly by funds provided by the government.

Need of RTI

What is the need of RTI ?

Right to information is the need of the current scenario because it assists to maintain transparency and accountability in government work.
This Act is very necessary for each and everyone due to this our government officials and public institutions gathered information and worked upon them.
It embedded the right of every citizen of India to have access or control of the information related to finance to any authority by the state, thereby responsibility arises on the authority to use the information effectively without including any corrupt activities.
The poor and underprivileged are also empowered by this Act, which grants them the right to seek and receive information on government policies and actions. This, in turn, results in their well-being.
It has exposed high-level corruption, such as in the Commonwealth Games organisation and the distribution of 2G spectrum and coal blocks.
It increases policymakers’ decision-making capabilities by removing unneeded secrecy.

Process of filing a complaint

What is the process of filing a complaint under RTI ?

The Act also said that any person may file a written request to an officer (PIO) which is appointed by the authority which is covered by this Act.

It is the obligation to entertain the request made by citizens. If the officer is not present then the applicant has the option to file a request in front of the state or “central information commission”.

It also provides a time limit so that the process can be done speedily. Different time limits are prescribed for different situations:

When an application is entertained by any PIO then they have an obligation to reply to the application within a time limit of 30 days and any application which is presented before assistant PIO must be replied to within 35 days.
The application transfers to another PIO in 30 days which starts or counts from the day on which its application is transferred.
Any application presented in relation to information regarding corruption by any schedule secured agency or any kind of violation of human rights which are covered under schedule II of RTI Act then reply must be given within 45 days with the permission of the central information commission.
PIO is required to give information which includes “right to life and liberty” of the person.

Role of the Government

What is the Role Of The Government In RTI ?

Section 26 of the Act enjoins the central government, as also the state governments of the Union of India (excluding J&K), to initiate necessary steps to:
Develop educational programs for the public especially disadvantaged communities on RTI.
Encourage Public Authorities to participate in the development and organization of such programs.
Promote timely dissemination of accurate information to the public.
Train ocers and develop training materials.
Compile and disseminate a User Guide for the public in the respective local language.
Publish names, designation postal addresses and contact details of PIOs and other information such as notices regarding fees to be paid, remedies available in law if the request is rejected etc.

RTI vs Right to Privacy

As Right to Information and Right to Privacy are premised upon radically different normative foundations, and they offer divergent theorems henceforth, it is inevitable to come across clashes in between.
Considering one man’s freedom of information is another man’s invasion of privacy; a right to receive information to achieve greater transparency in public life could impinge on the right to privacy of an individual.
RTI and the right to privacy are both complementary and in conflict. While RTI increases access to information, the right to privacy veils it instead. At the same time, they both function as citizen rights safeguarding liberty against state overreach. There are two possible frameworks for managing this tension.

Political Parties

Should Political Parties be covered under the ambit of RTI?

Arguments in Favour

Political parties are part of a democratic set up, which implies that they need to comply with certain rules that ensure transparency and accountability.
This will actually make the system transparent and robust as questions won’t be raised with regard to source of funding since everything will be on the websites of the parties.
It will also include the sources so this will clarify all doubts that citizens might have with regard to the legitimacy of where the money is coming from
Political parties so registered must furnish information to the public under the right of information under Article 19(1) (a) of the Constitution of India, since the right of information has been held to be a part of freedom of speech and expression under Article 19(1)(a).

Stand of Political Parties

Political parties think that being brought within the RTI would restrict the functioning of the parties
Political parties also state that the political rivals may also ask for information which is not really required and could be using the RTI tool with malicious intent resulting in the misuse of the Act.
Another reason given by the political parties is that the information required is already on the website of the Election Commission so there is no need to include them in the ambit of the RTI.
PP’s are not public authorities, hence cannot be brought under RTI Act.

Contention between RTI & OSA

What is the point of contention between RTI and OSA ?

The OSA was adopted by the British in 1923 to keep certain types of information secret, including but not limited to information pertaining to state affairs, diplomacy, national security, espionage, and other state secrets.
In the event of a dispute between the two laws, the RTI Act’s provisions take precedence over the OSA’s.
Section 22 of the RTI Act provides that its requirements would take effect despite anything in the OSA that contradicts them.
Similarly, a public authority may provide access to information covered by the OSA under Section 8(2) of the RTI Act “where the public interest in disclosure outweighs the harm to the protected interest.”

CJI

Does CJI come under the RTI Act?

The apex court had recently stated that the office of the Chief Justice of India (CJI) is a public authority and that it will come under ambit of the RTI Act.

This ruling was given by the 5-judge Constitution Bench that was headed by the Chief Justice Ranjan Gogoi.

Key highlights

Key highlights of the judgment

The Supreme Court is a “public authority” and the office of the CJI is part of this institution.
Thus, if the top court is a public authority, so is the office of the CJI.
The judiciary cannot function in total isolation as the judges hold the constitutional post.
However, while considering whether or not to release material from the CJI’s office, the right to privacy must be weighed with transparency.
RTI cannot be used as a surveillance tool, and judicial independence must be respected while maintaining transparency.
The highest court ruled that only the names of the justices proposed by the Collegium for appointment can be made public, not the grounds for their appointment.

Changes made in RTI Amendment act 2019

What are the changes made in the RTI (Amendment) Act, 2019?

The Chief Information Commissioner (CIC) (at the federal and state levels) is appointed for a five-year term under the RTI Act of 2005. The Amended Act eliminates this provision and instead specifies that the Union government will notify the CIC and ICs of their terms of office.
According to the RTI Act of 2005, the salaries of the CIC and IC (at the national level) will be equal to the salaries of the Chief Election Commissioner and Election Commissioners. The modified Act repeals these clauses and provides that the Central and State CICs and ICs’ wages, allowances, and other terms and conditions of employment shall be established by the Central government.
The 2005 Act states that at the time of appointment of the CIC and ICs (at the Central and state levels) if they are receiving pensions or any other retirement benefits for the previous government services, their salary will be reduced by an amount equal to the pension. The 2019 amended Act removed this provision.

Conclusion

The RTI Act was implemented to ensure social justice, transparency and to make the government accountable to its actions. However, it has numerous limitations and drawbacks. Steps must be taken so that the RTI Act is strengthened as it plays a significant role in Indian democracy.