Right to information

Right to information

Right to information is the fundamental right under article 19 1( A) which is Freedom of speech and expression. This was introduced to provide citizens the information of government activities. Over 4500 RTI application are filed every day in India.

What is RIGHT TO INFORMATION ACT 2005?

This act was introduced to promote accountability and transparency.

This act replaced Freedom to information act 2002 by government of India . It mandates timely response to citizens request for government information. This act empowers every citizen to seek any information from the government, inspect any government document and seek certified photocopy. Rights to information also empowers citizens to inspect any government work and to take samples of materials used in that work. In simple words citizens can ask for any information which government can disclose in front of parliament.

There are specific government bodies established to regulate this right central information commission at central level and states information commission at state level which are headed by public information officer.

 

History of RTI act 2005

The biggest contribution to the passage of RTI was of an organization which was mazdoor kisan shakti sangathan whose founder was social activist Aruna Roy. She was the mastermind behind this act. This law was passed by parliament on 15 June 2005 and came into force on 12 October 2005. This introduced the concept of good governance.

Earlier RTI was extended to the whole country except Jammu and Kashmir but now it is applicable in Jammu and Kashmir also.

RTI act is applicable only to public authorities and private authorities which are funded by government.

Appropriate Government or public authority

Appropriate government means any public authority which is established, constituted, owned, Controlled or directly or indirectly financed by either central government or state government. For example government schools, police station , government banks etc.

Information

Information means any material in form of :-

1. Email

2. Records

3. Documents

4. Memos

5. Opinions

6. Advice

7. Orders

8. Circulars

9. Press release

10. Logbooks

11. Contracts

12. Reports

13. Papers

14. Samples

15. Models

 

Procedure to file a RTI application

There is an official web portal of RTI in which we can submit our requests to ministries or departments of government of India. We have to fill all information which is asked and then we have to pay the RTI fee. RTI FEE is not applicable to BPL cardholders. After paying the fee we will receive a registration number .

 

Right to information amendment act 2019

This amendment empowers centre that it can set the salary and service conditions of all state and central information commissioners. It also amended the section 13 and sectiom 16 of previous act.

Case law

CPIO vs Subhash Chandra Agarwal

In this case Subhash Chandra Agarwal filed an RTI Application demanding information related to appointment of 3 judges of Supreme court those are justice R. M Lodha, justice H. L Dattu and justice A. k Ganguly who replaced other 3 competent judges. In this case it was decided that CPIO can disclose information about judges because office of CJI comes under RTI.

 

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