Overview of Right To Information Act, 2005

Introduction

In this blog we will cover the below things.

1. Concept of Right To Information and Information
   
2. Need of Right to Information for Citizen
3. RTI Act and It's Scope
   
4. Exemptions under RTI Act
5. Role of Public Authorities  - PIO and APIO
6. Procedure for filing of Application of RTI
7. Problems and Conclusion
   

1. Concept of Right To Information.

Our Government generally operates in opaque way. We inherited this from Colonial era. Official Secretes Act strengthens such administration.

Central Civil Service Conduct Rule 1964 prohibits officers from sharing official information with public.

We have deep rooted bureaucratic culture which prohibits free flow of information. We mean yes we don't need information about national defense, foreign affairs or plan to capture Dawood. However we need information about How government is functioning in matters which affect our day to day life like education, health, public utilities like Roads/Trains etc.

So we as a citizen have a right to information about government functioning, some details in government's decision making etc.

What does "information" mean that we are talking about ?

Here "information" mean

Any material in any form, including records, documents, memos, emails, opinion, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, sample, models, data materials held in any electronic forms and information relating to any private body which can be accessed by public authority under any other law for time being in force

In essence, it almost includes everything which is used by administration to store data.

Act also defines records which includes any document, file or manuscript. In included microfilm, microfiche and facsimile(An exact replica) copy of documents.

This right to information is vital and has been held as fundamental by Supreme Courts in various judgments.

Supreme Court in Case of Rajnarayan Vs State of UP held that people cannot express or speak unless they know and therefor it constitute a fundamental right  and embedded in Article 19.

2. Need of Right to Information for Citizen

You pay income tax. You pay indirect taxes on almost everything you buy like TV, Bed and extremely essential items like edible oil (5% GST).

Government then spend this money. Sometime they build a flyover which gets destroyed within one month wasting all taxpayers money.

Aren't you entitled to receive the information whether flyover was constructed properly ? Whether contract of building that flyover was given to proper contractor? How much money was spent on it?

RTI serves various purpose

1. It brings transparency
2. It makes administration more accountable
3. It leads to proper decision making
4. It empowers citizens and make our democracy more democratic. (ha..ha..)
   
5. Improves better record keeping
   

3. RTI Act and It's Scope

RTI Act came into force on in  2005. (12th October, if you need date).

Where bureaucracy behaves like a god , empowering citizen to ask about information to them was kind of revolutionary.

This act provides effective access of information to citizen which is under control of public authorities.

Not only it guarantees information to citizen, it guarantees time bound information. When citizen requests for information, it had to be provided by public authority in one month generally.

Scope is extended to entire nation.

This act empowers citizen like you and me in below ways:

1. Demands responsibility from public servants
2. Brings to light issues of poor governance and bureaucratic apathy.
3. Holds public servant for their action or inaction.

This act had helped to bring out various corrupt act of administration to fore in past 15 years.

Right under this act includes:

• Right to inspect documents, records,works
• Allows to take notes, extracts, or certified copies of documents/records.
• Take the certified samples of material
• Obtain information in form of printouts, diskettes (Old world floppy disk. But now pen drive, memory card)

RTI act also have 17 categories of information that needs to be disclose by public authorities. Public authority has to prepare and disseminate proactively through handbooks, notice boards, print and electronic media.

4.  Exemption under RTI Act

Exemptions

Certain kind of information is exempted from RTI. You cannot go and ask about a plan to tackle terrorist activities!

Below is the list of exempted information

• Information related to sovereignty and integrity of India which would affect India in bad ways.
• Information related to  security, strategic, scientific, economic interest of the State
• Information related to foreign relationships with other nations
• Information forbidden by court of law, tribunal or any information which court is not happy to share.
• Information if disclose would cause breach of privilege of Parliament or State Leglislature
• Information related to commercial interests, trade secrets, intellectual property, disclosure of which would cause loss to third party. If larger public interest is served then in that case disclosure could be allowed
• Information available with person in fiduciary relationship is exempted.
• Confidential Information received from foreign government
  
• Information which if disclosed would cause harm to his life or physical safety
• Confidential Information for security purpose with law enforcement agencies.
• Information which would impede the process of investigation or apprehension or prosecution of offenders
• Cabinet papers including record of deliberations of council of ministers, secretaries and other officers.
• Information which have no relationship with public activity which would cause unwarranted invasion. Like asking Ministers Marks or degree.

This is long long list. However if public interest outweighs the protected interest such information can be disclose, but you have satisfy certain authorities.

Public Sector Units

Do government companies(PSU) comes under purview of RTI ?

Answer is YES.

Sometime PSUs are established by enacting some law like SBI Act. Even if such law asks not to disclose some information, RTI overrides such Law. Hence by and large PSUs needs to give information if requested.

Commercial information, trade secrets or intellectual property rights cannot be asked to disclose if that is going to harm the Company.

5.Role of Public Authorities, PIO and APIO

What is public authorities

Any authority or body or institution  of self government  established or constituted

• By or under constitution (UPSC/CAG)
• By any other laws made by parliament. (Like NGT)
• By any other laws made by state legislature
• By  notification issued or ordered by the appropriate government and includes any
• Body owned, controlled or substantially financed
• NGOs substantially financed directly or indirectly by government
  

What are duties of public authorities?

Act asks public authorities to do below things:

1. The particulars of its organization,function and duties
2. The power and duties of it's employees
3. The procedure followed in it's decision making, including channels of supervision and accountability.
4. Publish the norms set by it for the discharge of its function

PIO - Public Information Officer

The officer to whom we have to give application  for information is PIO. But who are they ?

PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to it's citizen requesting for information under the act

Every public authority has to appoint PIOs irrespective of it's size. So you will be having PIO in educational institution, PIO in Police Station, PIO in Municipality etc.

Duties of Public Information officer

1. PIO have to render assistance to person filing application for information
2. Deal with the person who makes the request for information
3. If information requested is not related  to the concerned department of PIO, then PIO has to transfer the request to appropriate department. Transfer should be made withing 5 days.
4. PIO may seek assistance of other officer for discharge of duties
5. PIO has to reply either with requested information or rejection with proper grounds in 30 days from application date. (Reason as per section 8 or 9 of the act). If information is related to life and liberty, then request should deal within 48 hour.

If request for information is rejected, then below information should be communicated to the applicant

• Reason of rejection
• Time limit within which applicant should file an appeal
• The details of authority to whom next appeal can be made

Penalty for officers

If officers for no reason rejects your request for information, they can be penalized.

Officials who deliberately delays or obstruct an application for information, or who deliberately provides incorrect or misleading activities can be punished under RTI Laws.

If PIO/APIO has

• Refuse to receive an application
• Not furnished information withing time
• Malafide denial of request
• Knowingly given incorrect, misleading or incomplete request
• Destroyed information subject to request
• Obstructed the process

APIOs are similar to PIOs. Point to be noted is that APIO is not as assistant of PIO.

6.Procedure for filing of Application of RTI

Information can be requested through electronic mode as well as hard copy request.

There is no proper format for request.

The application can be made on plain paper. It should have name and complete address of applicant.

Language is not barrier. English, Hindi or Local language can be used to request the information.

Reason for requesting the information is not mandatory.

Public information officer is appointed in every district. If you have problem filing application, then PIO should help you draft the application.

Fees are different for different organization. But fees won't be much. For below poverty line person fees is exempted.

Time Limit for information

Time limit for receiving the information is 30 days. But if matter is related to life and liberty (Like police detaining citizen for no reason etc) then time limit is 48 hours.

If application is to be given to Assistant Public Information Officer, then total would be 35 days. (5 More days)

If interest of third parties are involved, then time limit is 40 days.

If information is not received withing time period, it would be deemed refusal.

Ground for rejection

Below information can be refused by Public Information Authority

1. If information is covered by exemption of disclosure (Like national security matters)
2. If information infringes copyright of third parties. (Of course, you cannot ask for patents of others)

Here is One Sample Application of RTI

You can file RTI application for central government directly through https://rtionline.gov.in/.

Problems

Below are some of the problems in implementation of RTI Act

1. Non-cooperative PIOs
2. Untrained PIOs and APIOs
3. Huge backlog of request
4. Lack of Public awareness
5. Messy record keeping by administration which consumes time to fetch the information
6. Abuse of the act by vested interest
7. Many in Beurocracy and people in power really think RTI hindrance (For obvious reason)

Here is the detailed analysis of key issues and problems in implementing

The debated point is "abuse" by some activists to blackmail or threaten officers. But if officers are honest and did their job with integrity, do they really need be fear ?

Legalfundaa