RIGHT TO INFORMATION ACT,2005
J. P. TIWARI
CHIEF AGRICULTURE OFFICER
09412309322
Right to
Information
in India
- An
overview
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Information is Key to
Democratic process
and
good governance
Curb corruption
and
Inefficiency
in public offices
Human
development
Realization
of human rights
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Right to Information In India
Constitutional Background
 Indian constitution was adopted by the Constituent
Assembly on 26.11. 1949 and has been in force since 26.01.1950
 Part III addresses fundamental rights
 Article 19( 1) (a) guarantees freedom of speech and Expression
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A few Landmark Supreme Court
judgments
• In Bennett Coleman v. Union of India , AIR 1973 SC 60 the right to
information was held to be included within the right to freedom of
speech and expression guaranteed by Art. 19(1) (a).
• In State of UP v. Raj Narain, (1975) 4 SCC 428 the Court explicitly
stated that it is not in the interest of the public to ‘cover with a veil of
secrecy the common routine business… the responsibility of officials to
explain and to justify their acts is the chief safeguard against
oppression and corruption.’
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•
In S.P. Gupta v. UOI, AIR 1982 SC 149 the right of the people to
know about every public act, and the details of every public transaction
undertaken by public functionaries was described.
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• In Secy., Ministry of I&B, Govt. of India v. Cricket Assn. of Bengal ,
(1995) 2 SCC 161 the right to impart and receive information from
electronic media was included in the freedom of speech. The airwaves
were held to be public property and hence distribution of these waves
between government and private channels was to be done on an
equitable basis.
• In People’s Union for Civil Liberties v. UOI, 2004 (2) SCC 476 the right
to information was further elevated to the status of a human right,
necessary for making governance transparent and accountable. It was
also emphasized that governance must be participatory
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Problems in Accessing
information?
•
Sec 5 of the Official Secrets Act, 1923
•
Sec 123-126 Indian Evidence Act 1872.
•
Provisions in The Central Civil
Services ( Conduct) Rules,1964 that
restrict right to information ( Rule 11)
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• Culture of secrecy prevalent in
government
• Lack of accountability in public
offices
• Lack of knowledge as to where
to go for information
• Illiteracy
• Badly maintained records
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Need for an Act on Right to Information
• To make access to information a reality for every citizen
• To make operational the fundamental right to information.
• To set up systems and mechanisms that facilitate easy access to
information.
• To promote transparency and accountability and enable
people’s participation in governance.
• To minimize corruption and inefficiency in public offices.
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Historical Background
• 1990-P.M Mr.V.P.SINGH stressed on RTI as a legislative
right
• 1994- A strong grass root movement spearheaded by MKSS
( Mazdoor Kissan Shakthi Sangathan) created mass awareness
and a demand for legislation
• 1996- Press Council drafted a law- NIRD ( National Institute
of Rural Development) Freedom Of Information Act,1997
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• 1997- A working committee headed by Mr.
Arun Shourie drafted the Freedom of
Information Bill,1997
• 1998- The then P.M .Shri. Vajpayee
announced that law will be enacted soon
• 2000- Freedom of Information Bill,2000 was
tabled before the Parliament and after some
debate was referred to a committee for
review
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• 2002- NDA Government enacted The
Freedom of Information Act in 2002 and
adopted in January 2003 but never came
into force.
• 2004- The UPA Government finally
tabled a New Bill RTI,2004 in Parliament
• 2005 – On 15 June, President Mr.Abdul
Kalam gave his consent and The Act
became operative from 12 October,2005
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RIGHT TO INFORMATION ACT,2005
• The Freedom of Information Act, 2002 has been repealed by the
emergence of this Act.
• This is a Central Act which extends to the whole of India except the
state of Jammu & Kashmir.
• Act received the assent of the President on the 15th June, 2005
• The Act contains 6 chapters and 31 sections with 2 schedules
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The provisions of sub-section (1) of section 4, sub-sections (1) and (2) of
section 5, sections 12, 13, 15,16, 24, 27 and 28 came into force at once,
and the remaining provisions of this Act came into force on the one
hundred and twentieth day of its enactment.
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The weapon of the common Man
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Access
•
No fee for BPL.( Below Poverty Line) ( Proviso to S 7(5))
•
No need to specify reason for seeking information or other personal
details( S 6 (2))
•
Provision to reduce oral requests into writing( proviso to S 6(1))
• Provision to provide all required assistance, including to disabled persons.
( S 7(4))
•
Information to be provided in local languages( S 4(4))
•
Provision for penalties( S 20)
•
Open only to citizens of India.( S 3)
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Bird’s Eye View of the Act
Chapter
Section No
Title
I
1-2
Preliminary
II
3-11
Right to Information and Obligations of
Public Authorities
III
12-14
The Central Information Commission
IV
15-17
The State Information Commission
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Chapter
Section No
Title
V
18-20
Powers and Functions of the Information
Commissions, Appeal and Penalties
VI
21-31
Miscellaneous
The First Schedule
Form of Oath or Affirmation to be made by
the Chief Information commissioner/
Information Commissioner/State chief
Information Commissioner/State Information
Commissioner
The Second Schedule
Intelligence and Security Organizations
established by the Central Government
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Important DefinitionsSec 2
2 (a) Appropriate Government" means in
relation to a public authority which is
established, constituted, owned, controlled
or substantially financed by funds
provided directly or indirectly
(i) by the Central Government or the
Union territory administration,
(ii) by the State Government,
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 2 (b) "Central Information Commission" means the Central
Information Commission constituted under sub-section (1) of section
12;
 2 (c) "Central Public Information Officer" means the Central Public
Information Officer designated under sub-section (1) and includes a
Central Assistant Public Information Officer designated as such
under sub-section (2) of section 5;
 2 (d) "Chief Information Commissioner" and "Information
Commissioner" mean the Chief Information Commissioner and
Information Commissioner appointed under sub-section (3) of section
12;
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 2 (i) Record" includes—
(a) any document, manuscript and file;
(b) any microfilm, microfiche and
facsimile copy of a document;
(c) any reproduction of image or images
embodied in such microfilm (whether
enlarged or not); and
(d) any other material produced by a
computer or any other device;
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What does Right to Information mean?- Sec
2(j)
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What Is Not Open To Disclosure?
The following is exempt from disclosure [S.8)]
a)
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
b)
information which has been expressly forbidden to be published
by any court of law or tribunal or the disclosure of which may
constitute contempt of court;
c)
information, the disclosure of which would cause a breach of
privilege of Parliament or the State Legislature
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d)
information including commercial confidence, trade secrets or
intellectual property, the disclosure of which would harm the
competitive position of a third party, unless the competent authority
is satisfied that larger public interest warrants the disclosure of such
information;
e)
information available to a person in his fiduciary relationship, unless
the competent authority is satisfied that the larger public interest
warrants the disclosure of such information;
f)
information received in confidence from foreign Government;
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g)
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;
h)
information which would impede the process of investigation or
apprehension or prosecution of offenders;
i)
cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and other officers;
j)
information which relates to personal information the disclosure of
which has no relationship to any public activity or interest, or which
would cause unwarranted invasion of the privacy of the individual;
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Public Authority
Right to Information Act gives right to access information held by “
public authorities”
"public authority" means any authority or body or institution of
self- government established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate
Government,;
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Public Authority….
includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organization substantially
financed, directly or indirectly by funds
provided by the appropriate Government
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Obligations Of Public Authority
-Sec 4
4 (1) Every public authority shall—
a) maintain all its records duly catalogued and indexed in a manner
and the form which facilitates the right to information under this
Act and ensure 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;
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(b) The public authority shall publish within 120 days from enactment
of Act
i.
the particulars of its organization, functions and duties;
ii.
the powers and duties of its officers and employees;
iii.
the procedure followed in its decision making process, including
channels of supervision and accountability;
iv.
the norms set by it for the discharge of its functions;
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v. the rules, regulations, instructions, manuals and records used by its
employees for discharging its functions;
vi. a statement of the categories of the documents held by it or under its
control;
vii. the particulars of any arrangement that exists for consultation with, or
representation by, the members of the public in relation to the
formulation of its policy or implementation thereof;
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viii. A statement of the boards, councils, committees and other bodies
consisting of two or more persons constituted by it. Additionally,
information as to whether the meetings of these are open to the public, or
the minutes' of such meetings are accessible to the public;
ix. a directory of its officers and employees;
x. the monthly remuneration received by each of its officers and employees,
including the system of compensation as provided in its regulations;
xi.
the budget allocated to each of its agency, indicating the particulars of all
plans, proposed expenditures and reports on disbursements made;
xii.
the manner of execution of subsidy programmes, including the amounts
allocated and the details and beneficiaries of such programmes
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xiii. particulars of recipients of concessions, permits or authorizations
granted by it;
xiv. details of the information available to, or held by it, reduced in an
electronic form;
xv. the particulars of facilities available to citizens for obtaining information,
including the working hours of a library or reading room, if maintained
for public use;
xvi. the names, designations and other particulars of the Public Information
Officers;
xvii. Such other information as may be required.
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Public Information Officers
PUBLIC INFORMATION
OFFICERS (PIOs)
PIOs are officers designated by the
public authorities in all
administrative units or offices under
it to provide information to the
The Act also requires public authorities
citizens requesting for information
to designate Assistant PIOs at the sub-
under the Act
district or sub-divisional level, to
forward applications to the relevant PIO
located at higher levels.
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Steps for requesting Information
• Step 1- Identify the public authority which
holds the information
• Step 2- Identify who to submit application to
within the public authority
• Step 3 -Draft a clearly focused application
• Step 4- Submit your application
• Step 5- Wait for a decision
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Time Limit To Get The Information
•
30 days from the date of application ( S 7(1)
•
48 hours for information concerning the life
and liberty of a person ( proviso to S 7 (1))
•
5 days shall be added to the above response
time, in case the application for information
is given to Assistant Public Information
Officer. ( proviso to S 5(2))
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• If the interests of a third party are involved then time limit will be 40
days (maximum period + time given to the party to make
representation). ( S 11(3))
• Failure to provide information within the specified period is a deemed
refusal. ( S 7 (2))
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Ground For Rejection
•
If it is covered by exemption
from disclosure. as detailed in
Sec 8
•
If it infringes copyright of any
person subsisting in a person
other than the State as detailed
in Sec 9.
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Appellate Authorities
•
First Appeal: First appeal to the officer senior in rank to the PIO in
the concerned Public Authority within 30 days from the expiry of
the prescribed time limit or from the receipt of the decision (delay
may be condoned by the Appellate Authority if sufficient cause is
shown). ( S 19(1))
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• Second Appeal: Second appeal to the Central Information Commission
or the State Information Commission as the case may be, within 90
days of the date on which the decision was given or should have been
made by the First Appellate Authority. (Delay may be condoned by the
Commission if sufficient cause is shown) ( S 19(3))
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• Third Party appeal against PIO's decision must be filed within 30
days before first Appellate Authority;( S 19 (2))
• Burden of proving that denial of Information was justified lies with
the PIO.
• First Appeal shall be disposed of within 30 days from the date of its
receipt. Period extendable by 15 days if necessary. (Sec 19)
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Powers And Functions Of Information
Commissions
Commission will exercise its powers without being subjected to
directions by any other authority. (S.12(4))
•
The Central Information Commission/State Information
Commission has a duty to receive complaints from any
person ( S 18(1))

Who has not been able to submit an information request because a
PIO has not been appointed

who has been refused information that was requested;
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• Power to order inquiry if there are reasonable grounds (S 18(2))
• Power to examine all records covered by this law (including those
covered by exemptions) must be given to CIC/SCIC during inquiry for
examination ( S 18(4))
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• CIC/SCIC will have powers of Civil Court such as -
 summoning and enforcing attendance of persons, compelling them to give
oral or written evidence on oath and to produce documents or things;
 requiring the discovery and inspection of documents;
receiving evidence on affidavit ;
 requisitioning public records or copies from any court or office
 issuing summons for examination of witnesses or documents
 Any other matter which may be prescribed.
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Penalty Provisions ( S 20)
Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of
Rs. 25,000/- for –
• not accepting an application;
• delaying information release without reasonable cause;
• malafidely denying information;
• knowingly giving incomplete, incorrect, misleading information;
• destroying information that has been requested and
• Obstructing furnishing of information in any manner.
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Jurisdiction Of Courts
Lower Courts are barred from entertaining suits or
applications against any order made under this Act.
(S.23)
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Appropriate Government to prepare
programmes ( S 26)
The appropriate Government to:
a)
Develop and organize educational programmes to advance the
understanding of the public, particularly the disadvantaged, to
exercise right to information.
b)
Encourage public authorities to participate in
programmes;
c)
promote timely/ effective dissemination of
accurate info on activities.
d)
Train CPIOs and produce relevant training materials
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Notifications
• Right to Information (Regulation of Fees and Cost Rules),2005
• Central Information Commission (Appeal Procedure
Rules),2005
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Right to Information (Regulation of Fees
and Cost Rules),2005
• Application Fee – Rs.10
Additional fee•
A4/A3 paper – Rs 2 per page;
•
Larger paper – actual cost;
•
Printed publications – fixed price,
•
photocopies/extracts – Rs 2 per page;
•
Floppy/diskette – Rs 50;
•
Samples/ models – actual cost;
•
Inspection of records – 1st hour free and Rs 5 for each subsequent hour.
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Web-sites For Reference
• www.persmin.nic.in
• www.freedominfo.org
• www.cfoi.org.uk
• www.rti.gov.in
• www.cic.gov.in
• www.humanrightsinitiative.org
• www.mahadhikar.org
• www.righttoinformation.info
• www.parivartan.com/
• www.satyamevajayate.info/
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QUESTIONS? SUGGESTIONS?
COMMENTS??
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