Right
to information is more or less a universal concept. The concept of Right to
know and right to Information, and right to make a demand for certain documents
with the public authorities had been dealt with, and have been appraised. The
idea that governments withhold information for the public’s benefit has become
outdated. During the last decade, many countries have enacted legislations on
freedom of information, giving their citizens access to governmental
information, and thus, opening way to true democracy.
An Act to
provide for setting out the practical regime of right to information for
citizens to secure access to information under the control of public
authorities, in order to promote transparency and accountability in the working
of every public authority, the constitution of a Central Information Commission
and State Information Commissions and for matters connected therewith or
incidental thereto.
Whereas the Constitution of India has established democratic Republic;
And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;
And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;
And whereas it is necessary to harmonize these conflicting interests while preserving the paramount of the democratic ideal;
Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.
In India, the Official Secrets Act 1923 was enacted to protect the official secrets. The new information law intend to disclose information, replacing the ‘culture of secrecy’ in administration. It will promote public accountability which is a part of governance. Where the accountability is exposed, the malpractice, mismanagement, abuse of discretion, bribery etc are trimmed down.
Whereas the Constitution of India has established democratic Republic;
And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;
And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;
And whereas it is necessary to harmonize these conflicting interests while preserving the paramount of the democratic ideal;
Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.
In India, the Official Secrets Act 1923 was enacted to protect the official secrets. The new information law intend to disclose information, replacing the ‘culture of secrecy’ in administration. It will promote public accountability which is a part of governance. Where the accountability is exposed, the malpractice, mismanagement, abuse of discretion, bribery etc are trimmed down.
The
right to Know flows directly from the guarantee of free speech and expression
in Art 19(1)a of the Constitution of India. Yet, it requires fair and efficient
procedures to make the freedom of information work.
It comes
into force on the 12th October, 2005 (120th day of its enactment on 15th June,
2005). Some provisions have come into force with immediate effect viz.
obligations of public authorities [S.4(1)], designation of Public Information
Officers and Assistant Public Information Officers[S.5(1) and 5(2)],
constitution of Central Information Commission (S.12 and 13), constitution of
State Information Commission (S.15 and 16), non-applicability of the Act to
Intelligence and Security Organizations (S.24) and power to make rules to carry
out the provisions of the Act (S.27 and 28).
The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]
The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]
The
first and most well known right to information movement in India was by the
Mazdoor Kisan Shakti Sangathan(MKSS) in Rajasthan during the early 1990’s.
MKSS’s struggle for the access to village accounts and transparency in
administration is widely credited and sparked off the right to information
movement in India.
The Right to Information Act, 2005 provides the procedure by which the public can make requests for information held by the public authorities. It also provides for the set up of Information Commissions to deal with complaints and appeals arising in the information system. The Act provides for the openness of the governmental activities and to publish regular information. The Act also provides minimal exceptions to the right to information where national security, public order, privacy etc are concerned.
The Right to Information Act, 2005 provides the procedure by which the public can make requests for information held by the public authorities. It also provides for the set up of Information Commissions to deal with complaints and appeals arising in the information system. The Act provides for the openness of the governmental activities and to publish regular information. The Act also provides minimal exceptions to the right to information where national security, public order, privacy etc are concerned.
The
basic object of the Act is to provide access to information for the common man.
And in order to exercise the freedom of speech and expression, a citizen should
be informed. Informed citizenry which is the essence of RTI Act is the curator
of democracy. The Act is also beneficial to the governments themselves as
openness and transparency in the decision-making process assist in developing
citizens’ trust in government actions and maintaining a civil and democratic
society. The transparency and accountability in the public authority shall
contain corruption and thus, the government and its various instrumentalities
become accountable to the governed, i.e. the citizens.
The
Key Concepts• Transparency and accountability in the working of every public authority.
• The right of any citizen of India to request the access to information.
• The obligation of Public authorities to pro-actively make key information to all.
• A responsibility on all sections of life : Citizenry, NGOs, Media
Different ways in which access to information is provided under RTI Act
The main object of the Act is to provide information. And the Act provides the ways in which the information can be accessed. The Sec 3 states that, subject to the provisions of this Act, all citizens shall have the right to information. The Act enforces a duty upon the public authorities to disclose all information starting from the particulars of its organisation, functions, and duties, to budget allocated to each of its agency. It shall also publish relevant facts while formatting important policies which affect public and to give reasons for its administrative or quasi-judicial decisions to affected person.
Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force but does not include "file notings" [S.2(f)].
Right to Information includes the right to -
1. inspect works, documents, records.
2. take notes, extracts or certified copies of documents or records.
3. take certified samples of material.
4. obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.[S.2(j)]
Thus, the Act imposes an obligation upon the public authorities to disclose information. Also, it is stated under Sec 4 (2) that every public authority shall take constant steps to provide information suo moto to the public.
Obligations of public authority:
It shall publish within one hundred and twenty days of the enactment:-
1. the particulars of its organization, functions and duties;
2. the powers and duties of its officers and employees;
3.the procedure followed in its decision making process, including channels of supervision and accountability;
4.the norms set by it for the discharge of its functions;
5.the rules, regulations, instructions, manuals and records used by its employees for discharging its functions;
6.a statement of the categories of the documents held by it or under its control;
7.the particulars of any arrangement that exists for consultation with, or representation by the members of the public, in relation to the formulation of policy or implementation thereof;
8.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;
9.a directory of its officers and employees;
10.the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
11.the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
12.the manner of execution of subsidy programmes, including the amounts allocated and the details and beneficiaries of such programmes;
13.particulars of recipients of concessions, permits or authorizations granted by it;
14.details of the information available to, or held by it, reduced in an electronic form;
15.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;
16.the names, designations and other particulars of the Public Information Officers.[S.4(1)(b)]
Thus the authorities have to give information voluntarily so that the public have minimum resort to use this Act.
a "public authority" means any authority or body or institution of self-government established or constituted: [S.2(h)]
*by or under the Constitution;
*by any other law made by Parliament;
*by any other law made by State Legislature;
*by notification issued or order made by the appropriate Government.and includes any-
1.body owned, controlled or substantially financed
2.non-Government organization substantially financed directly or indirectly by the appropriate Government.
The public authorities also have to disseminate information widely in any form which is easily accessible to the public. The word ‘dissemination’ has been defined in the Act. Disseminated means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including, inspection of offices of any public authority. Thus the dissemination of information by public authorities has been made mandatory by the Act.
Finally,
the Information can be obtained by request in writing or through electronic
means in English or Hindi or in the official language of the area in which the
applications is being made (sec 6). Here, the person has to give payment of
fees. And where the request cannot be made in writing, the central PIO and
State PIO shall render all assistance to the person to reduce the oral request
into writing.
Where the information has not been provided correctly or within time, access to information is made available by means of appeal or complaint to the Information Commission. (Sec. 8 (a)1).
Where the information has not been provided correctly or within time, access to information is made available by means of appeal or complaint to the Information Commission. (Sec. 8 (a)1).
PIOs are officers designated by the public authorities in all
administrative units or offices under it to provide information to the citizens
requesting for information under the Act. Any officer, whose assistance has
been sought by the PIO for the proper discharge of his or her duties, shall
render all assistance and for the purpose of contraventions of the provisions
of this Act, such other officer shall be treated as a PIO.
The duties of a PIO:
* PIO shall deal with requests from persons seeking information and where the request cannot be made in writing, to render reasonable assistance to the person to reduce the same in writing.
* If the information requested for is held by or its subject matter is closely connected with the function of another public authority, the PIO shall transfer, within 5 days, the request to that other public authority and inform the applicant immediately.
* PIO may seek the assistance of any other officer for the proper discharge of his/her duties.
* PIO, on receipt of a request, shall as expeditiously as possible, and in any case within 30 days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in S.8 or S.9.
* Where the information requested for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
* If the PIO fails to give decision on the request within the period specified, he shall be deemed to have refused the request.
* Where a request has been rejected, the PIO shall communicate to the requester - (i) the reasons for such rejection, (ii) the period within which an appeal against such rejection may be preferred, and (iii) the particulars of the Appellate Authority.
* PIO shall provide information in the form in which it is sought unless it would disproportionately divert the resources of the Public Authority or would be detrimental to the safety or preservation of the record in question.
* If allowing partial access, the PIO shall give a notice to the applicant, informing:
1.that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
2.the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
3.the name and designation of the person giving the decision;
4.the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
5. his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided.
*If information sought has been supplied by third party or is treated as confidential by that third party, the PIO shall give a written notice to the third party within 5 days from the receipt of the request and take its representation into consideration.
*Third party must be given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice.
The duties of a PIO:
* PIO shall deal with requests from persons seeking information and where the request cannot be made in writing, to render reasonable assistance to the person to reduce the same in writing.
* If the information requested for is held by or its subject matter is closely connected with the function of another public authority, the PIO shall transfer, within 5 days, the request to that other public authority and inform the applicant immediately.
* PIO may seek the assistance of any other officer for the proper discharge of his/her duties.
* PIO, on receipt of a request, shall as expeditiously as possible, and in any case within 30 days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in S.8 or S.9.
* Where the information requested for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
* If the PIO fails to give decision on the request within the period specified, he shall be deemed to have refused the request.
* Where a request has been rejected, the PIO shall communicate to the requester - (i) the reasons for such rejection, (ii) the period within which an appeal against such rejection may be preferred, and (iii) the particulars of the Appellate Authority.
* PIO shall provide information in the form in which it is sought unless it would disproportionately divert the resources of the Public Authority or would be detrimental to the safety or preservation of the record in question.
* If allowing partial access, the PIO shall give a notice to the applicant, informing:
1.that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
2.the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
3.the name and designation of the person giving the decision;
4.the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
5. his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided.
*If information sought has been supplied by third party or is treated as confidential by that third party, the PIO shall give a written notice to the third party within 5 days from the receipt of the request and take its representation into consideration.
*Third party must be given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice.
Is partial disclosure allowed?
Only that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided. [S.10]
Who is excluded?
Central Intelligence and Security agencies specified in the Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights valuations could be given but only with the approval of the Central or State Information Commission, as the case may be. [S.24)]
The Application Procedure for requesting information
1. Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for.
2. Reason for seeking information are not required to be given;
3. Pay fees as may be prescribed (if not belonging to the below poverty line category).
The time limit to get the information
1. 30 days from the date of application
2. 48 hours for information concerning the life and liberty of a person
3. 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.
4. 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).
5. Failure to provide information within the specified period is a deemed refusal.
What is the fee?
1. Application fees to be prescribed which must be reasonable.
2. If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at;
3. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority;
4. No fees will be charged from people living below the poverty line
5. Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.
The ground for rejection
1. If it is covered by exemption from disclosure. (S.8)
2. If it infringes copyright of any person other than the State. (S.9)
Information Commission
The Act gives State Information Commission or Central Information Commission, as the case may be, an important role in developing the system and mechanism for the disclosure and dissemination of information by considering the public interest and the necessity of right to know. They are given wide discretion and they are expected to ensure the transparency and to be liberal in interpreting the provisions of the Act in favour of disclosure than concealment. It is their duty to pursue the bureaucratic mindset and to guide them towards dissemination of information. The state information commission or central information commission, as the case may be, are autonomous bodies without being subjected to directions by any other authority.
The Act states that the Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. The Act does not restrict a former or serving civil servant from becoming a commissioner. But various advocacy groups like National Campaign for People’s Right to Information (NCPRI) expresses that a person who has served in a particular ministry should not be made the Information Commissioner responsible for that ministry because there might be a conflict of interest .
Therefore, it is important to have a transparent process of selecting the information commissioners to ensure independence and competence and they are truly eminent, suited to the position.
The
information commissioner has wide powers to secure compliance of its decisions
from the public authority like,Only that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided. [S.10]
Who is excluded?
Central Intelligence and Security agencies specified in the Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights valuations could be given but only with the approval of the Central or State Information Commission, as the case may be. [S.24)]
The Application Procedure for requesting information
1. Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for.
2. Reason for seeking information are not required to be given;
3. Pay fees as may be prescribed (if not belonging to the below poverty line category).
The time limit to get the information
1. 30 days from the date of application
2. 48 hours for information concerning the life and liberty of a person
3. 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.
4. 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).
5. Failure to provide information within the specified period is a deemed refusal.
What is the fee?
1. Application fees to be prescribed which must be reasonable.
2. If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at;
3. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority;
4. No fees will be charged from people living below the poverty line
5. Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.
The ground for rejection
1. If it is covered by exemption from disclosure. (S.8)
2. If it infringes copyright of any person other than the State. (S.9)
Information Commission
The Act gives State Information Commission or Central Information Commission, as the case may be, an important role in developing the system and mechanism for the disclosure and dissemination of information by considering the public interest and the necessity of right to know. They are given wide discretion and they are expected to ensure the transparency and to be liberal in interpreting the provisions of the Act in favour of disclosure than concealment. It is their duty to pursue the bureaucratic mindset and to guide them towards dissemination of information. The state information commission or central information commission, as the case may be, are autonomous bodies without being subjected to directions by any other authority.
The Act states that the Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. The Act does not restrict a former or serving civil servant from becoming a commissioner. But various advocacy groups like National Campaign for People’s Right to Information (NCPRI) expresses that a person who has served in a particular ministry should not be made the Information Commissioner responsible for that ministry because there might be a conflict of interest .
Therefore, it is important to have a transparent process of selecting the information commissioners to ensure independence and competence and they are truly eminent, suited to the position.
- directing the public authority to appoint PIO if they are not designated in a public authority
- Publishing information or categories of information
- Enhancing training provision for officials on right to information
- Impose penalties under the Act
- Direct the Public authority to take departmental actions under service rules
- Providing access to information, if requested, in a particular form
- To seek an annual report from the public authority in compliance with the Act.
- Require the public authority to compensate the complainant for any detriment suffered
- Reject the application .
Central
Information Commission constituted :
1. Central Information Commission to be constituted by the Central Government through a Gazette Notification.
2. Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India.
3. Oath of Office will be administered by the President of India according to the form set out in the First Schedule.
4. Commission shall have its Headquarters in Delhi. Other offices may be established in other parts of the country with the approval of the Central Government.
5. Commission will exercise its powers without being subjected to directions by any other authority. (S.12)
1. Central Information Commission to be constituted by the Central Government through a Gazette Notification.
2. Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India.
3. Oath of Office will be administered by the President of India according to the form set out in the First Schedule.
4. Commission shall have its Headquarters in Delhi. Other offices may be established in other parts of the country with the approval of the Central Government.
5. Commission will exercise its powers without being subjected to directions by any other authority. (S.12)
The eligibility criteria and the process of appointment of
CIC/IC:
1. Candidates for CIC/IC must be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
2. CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory. He shall not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. (S.12)
3. Appointment Committee includes Prime Minister (Chair), Leader of the Opposition in the Lok Sabha and one Union Cabinet Minister to be nominated by the Prime Minister.
The term of office and other service conditions of CIC
1. CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier.
2. CIC is not eligible for reappointment.
3. Salary will be the same as that of the Chief Election Commissioner. This will not be varied to the disadvantage of the CIC during service. (S.13)
The term of office and other service conditions of IC
1. IC shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment as IC.
2. Salary will be the same as that of the Election Commissioner. This will not be varied to the disadvantage of the IC during service.
3. IC is eligible for appointment as CIC but will not hold office for more than a total of five years including his/her term as IC. (S.13)
The State Information Commission constituted:
1. The State Information Commission will be constituted by the State Government through a Gazette notification. It will have one State Chief Information Commissioner (SCIC) and not more than 10 State Information Commissioners (SIC) to be appointed by the Governor.
2. Oath of office will be administered by the Governor according to the form set out in the First Schedule.
3. The headquarters of the State Information Commission shall be at such place as the State Government may specify. Other offices may be established in other parts of the State with the approval of the State Government.
4. The Commission will exercise its powers without being subjected to any other authority.
The eligibility criterion and the process of appointment of State Chief Information Commissioner/State Information Commissioners:
The Appointments Committee will be headed by the Chief Minister. Other members include the Leader of the Opposition in the Legislative Assembly and one Cabinet Minister nominated by the Chief Minister.
The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioners.
The salary of the State Chief Information Commissioner will be the same as that of an Election Commissioner. The salary of the State Information Commissioner will be the same as that of the Chief Secretary of the State Government. (S.15)
1. Candidates for CIC/IC must be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
2. CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory. He shall not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. (S.12)
3. Appointment Committee includes Prime Minister (Chair), Leader of the Opposition in the Lok Sabha and one Union Cabinet Minister to be nominated by the Prime Minister.
The term of office and other service conditions of CIC
1. CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier.
2. CIC is not eligible for reappointment.
3. Salary will be the same as that of the Chief Election Commissioner. This will not be varied to the disadvantage of the CIC during service. (S.13)
The term of office and other service conditions of IC
1. IC shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment as IC.
2. Salary will be the same as that of the Election Commissioner. This will not be varied to the disadvantage of the IC during service.
3. IC is eligible for appointment as CIC but will not hold office for more than a total of five years including his/her term as IC. (S.13)
The State Information Commission constituted:
1. The State Information Commission will be constituted by the State Government through a Gazette notification. It will have one State Chief Information Commissioner (SCIC) and not more than 10 State Information Commissioners (SIC) to be appointed by the Governor.
2. Oath of office will be administered by the Governor according to the form set out in the First Schedule.
3. The headquarters of the State Information Commission shall be at such place as the State Government may specify. Other offices may be established in other parts of the State with the approval of the State Government.
4. The Commission will exercise its powers without being subjected to any other authority.
The eligibility criterion and the process of appointment of State Chief Information Commissioner/State Information Commissioners:
The Appointments Committee will be headed by the Chief Minister. Other members include the Leader of the Opposition in the Legislative Assembly and one Cabinet Minister nominated by the Chief Minister.
The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioners.
The salary of the State Chief Information Commissioner will be the same as that of an Election Commissioner. The salary of the State Information Commissioner will be the same as that of the Chief Secretary of the State Government. (S.15)
The powers and
functions of Information Commissions:
1. The Central Information Commission/State Information Commission has a duty to receive complaints from any person -
a) who has not been able to submit an information request because a PIO has not been appointed ;
b) who has been refused information that was requested;
c) who has received no response to his/her information request within the specified time limits ;
d) who thinks the fees charged are unreasonable ;
e) who thinks information given is incomplete or false or misleading ;and
f) any other matter relating to obtaining information under this law.
2. Power to order inquiry if there are reasonable grounds.
3. CIC/SCIC will have powers of Civil Court such as -
a) summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things;
b) requiring the discovery and inspection of documents;
c) receiving evidence on affidavit ;
d) requisitioning public records or copies from any court or office
e) issuing summons for examination of witnesses or documents
f) any other matter which may be prescribed.
4. All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during inquiry for examination.
5. Power to secure compliance of its decisions from the Public Authority includes-
a) providing access to information in a particular form;
b) directing the public authority to appoint a PIO/APIO where none exists;
c) publishing information or categories of information;
d) making necessary changes to the practices relating to management, maintenance and destruction of records ;
e) enhancing training provision for officials on RTI;
f) seeking an annual report from the public authority on compliance with this law;
g) require it to compensate for any loss or other detriment suffered by the applicant ;
h) impose penalties under this law; or
i) reject the application. (S.18 and S.19)
The reporting procedure:
1. Central Information Commission will send an annual report to the Central Government on the implementation of the provisions of this law at the end of the year. The State Information Commission will send a report to the State Government .
2. Each Ministry has a duty to compile reports from its Public Authorities and send them to the Central Information Commission or State Information Commission, as the case may be.
3. Each report will contain details of number of requests received by each Public Authority, number of rejections and appeals, particulars of any disciplinary action taken, amount of fees and charges collected etc.
4. Central Government will table the Central Information Commission report before Parliament after the end of each year. The concerned State Government will table the report of the State Information Commission before the Vidhan Sabha (and the Vidhan Parishad wherever applicable). (S.25)
1. The Central Information Commission/State Information Commission has a duty to receive complaints from any person -
a) who has not been able to submit an information request because a PIO has not been appointed ;
b) who has been refused information that was requested;
c) who has received no response to his/her information request within the specified time limits ;
d) who thinks the fees charged are unreasonable ;
e) who thinks information given is incomplete or false or misleading ;and
f) any other matter relating to obtaining information under this law.
2. Power to order inquiry if there are reasonable grounds.
3. CIC/SCIC will have powers of Civil Court such as -
a) summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things;
b) requiring the discovery and inspection of documents;
c) receiving evidence on affidavit ;
d) requisitioning public records or copies from any court or office
e) issuing summons for examination of witnesses or documents
f) any other matter which may be prescribed.
4. All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during inquiry for examination.
5. Power to secure compliance of its decisions from the Public Authority includes-
a) providing access to information in a particular form;
b) directing the public authority to appoint a PIO/APIO where none exists;
c) publishing information or categories of information;
d) making necessary changes to the practices relating to management, maintenance and destruction of records ;
e) enhancing training provision for officials on RTI;
f) seeking an annual report from the public authority on compliance with this law;
g) require it to compensate for any loss or other detriment suffered by the applicant ;
h) impose penalties under this law; or
i) reject the application. (S.18 and S.19)
The reporting procedure:
1. Central Information Commission will send an annual report to the Central Government on the implementation of the provisions of this law at the end of the year. The State Information Commission will send a report to the State Government .
2. Each Ministry has a duty to compile reports from its Public Authorities and send them to the Central Information Commission or State Information Commission, as the case may be.
3. Each report will contain details of number of requests received by each Public Authority, number of rejections and appeals, particulars of any disciplinary action taken, amount of fees and charges collected etc.
4. Central Government will table the Central Information Commission report before Parliament after the end of each year. The concerned State Government will table the report of the State Information Commission before the Vidhan Sabha (and the Vidhan Parishad wherever applicable). (S.25)
Role of the
Governments
The role of Central/State Governments:
1. Develop educational programmes for the public especially disadvantaged communities on RTI.
2. Encourage Public Authorities to participate in the development and organization of such programmes.
3. Promote timely dissemination of accurate information to the public.
4. Train officers and develop training materials.
5. Compile and disseminate a User Guide for the public in the respective official language.
6. 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 request is rejected etc. (S.26)
The Rule making power:
Central Government, State Governments and the Competent Authority as defined in S.2(e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27 & S.28)
The power to deal with the difficulties while implementing this act:
If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30)
PDF Version
Appeals: Sec 19 of the Act provides two tier system of appeals- first appeal and second appeal.
The role of Central/State Governments:
1. Develop educational programmes for the public especially disadvantaged communities on RTI.
2. Encourage Public Authorities to participate in the development and organization of such programmes.
3. Promote timely dissemination of accurate information to the public.
4. Train officers and develop training materials.
5. Compile and disseminate a User Guide for the public in the respective official language.
6. 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 request is rejected etc. (S.26)
The Rule making power:
Central Government, State Governments and the Competent Authority as defined in S.2(e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27 & S.28)
The power to deal with the difficulties while implementing this act:
If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30)
PDF Version
Appeals: Sec 19 of the Act provides two tier system of appeals- first appeal and second appeal.
First
appeal:
Any person who is aggrieved by the decision of the Central PIO or State PIO, as
the case may be, or not receiving the requested information within 30 days, can
prefer a first appeal before the First Appellate Authority.
The
Appellate Authority shall be an officer who is senior in rank to the Central
PIO or State PIO, in each public authority. And the appeal is to be filed
within 30 days from the expiry of time period specified for receiving a
decision or from receipt of a decision. But this limitation period shall be
relaxed if the appellate authority is satisfied that there is sufficient cause
that prevented the filing of appeal within the time limit.An appeal can be preferred also by the third party in case of third party information. [sec.19 (2)] And third party means a person other than the citizen making a request for information and includes public authority.
Second Appeal: The Second appeal lies before the State or central information commission against the decision of the first appellate authority. The second appeal has to be filed within 90 days from the date of receipt of the decision, which can be condoned, in case the commission is satisfied that there are sufficient reasons for the delay.
As per section 19(7), the decision of Central or State Information commission, as the case may be, shall be binding. The information commission can review their own decisions, if there is a technical error in the decision or if there was an omission to consider relevant material facts in a particular case.
Also it is t be noted that, it is the requestor who appeal under the Act. There is no provision in the RTI Act to consider appeals or complaints by the PIO himself against the order of an appellate authority. This is because the PIO is the information provider and hence, there is no question of denial of information by the PIO.
SUGGESTIONS
1. It is highly recommended that the appellate authority should also be included within the penalizing provisions and not to put the PIO alone in the frame. In a case, CIC/EB/C/2006/0040, the same question arose, i.e. whether an appellate authority can be penalised under this Act? The Appellate authority is not covered under the penalizing provisions of the Act. But in this case, it was proved that he clearly failed to uphold the Act in the public interest. This decision of the CIC asked the public authority to consider disciplinary action under their service rules.
2. It is noted that even after three years of implementation of the Act; most of the Public Information Officers take this Act carelessly and have the least knowledge of the Act. The Commissions have powers to enhance training provision for officials on right to information and ask them to give guidance on how to use the Act. It can be suggested that, a mandatory provision to establish a system of education on the RTI Act to be given, to promote the freedom of information.
3. Most of the information cases deals with seeking the personal information. Information sought on public interest is rarely seen. Hence it is necessary to set up a public education campaign on ‘how to access information and its application’ at Panchayat, school level etc, in order to make them feel empowered.
4. In order to reduce the pendency of information cases, there should be speedy disposal of petitions. On of the drawbacks of having governmental officers as PIO was that most of them did not know the procedures of working of commissions. Repeated hearings were required, since the PIOs’ were unable to bring explanations/affidavits giving reasons for the delay in disposing request. So it is suggested that Manual for public authorities should include the ‘procedures for appearing for hearings before the Information commissions’ while dealing with Information cases.
5. As a larger issue, ‘File notings’ must be brought within the purview of RTI Act. Sec.2 (f) of the Act defines information as any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be assessed by a public authority under any other law for the time being in force. And file notings may be construed as an expression of opinion by the government officials with regard to any matter under their consideration and it is retailing than a mere gossip or hearsay. Many campaigns to include file notings are progressing and it is hoped that it shall be included in the Act.
6. The Act does not confer any power on SIC or CIC to invalidate or strike down Rules issued by the appropriate Government or the Competent Authorities. But should it be specifically mentioned in the RTI Act, when the Rules are made for the effective implementation of the Act. And such a situation shall arise only when Rules issued are detrimental to the object of the Act. The rules made by the Central Government or State Government, shall be laid before each House of Parliament or before the State legislature, as the case may be. Hence it is suggested that each Rule made by the competent authority, based on RTI Act should also be put to scrutiny by Information Commissions or a superior body.
Conclusion
The
RTI Act has paved way for informed citizenry which would strengthen the
democratic government of India. With the enactment of Information Act, we can
use our right to speech and expressions and control the governmental activities
effectively. Since the Act requires information regarding the pendency of
application, the reasons as to why they are not disposed of etc. now, there is
improvement in the efficiency of the departments. There is always the risk of a
designated official calling for the relevant information at the instance of a
citizen which will act as a check on the inefficiency of officers. Thus, the
government becomes accountable to the citizens. The idea of open government is
becoming a reality with the implementation of RTI Act.
One
of the important after effects of the Act is changing the mindset of the
bureaucracy. The RTI Act can be called a success only if the bureaucracy
accepts that they have constitutional obligation to serve information, at the
instance of request. There is always a wide disparity between the legislation
in theory and legislation in practice. Several of the legislations have met
failure in practical implementation . And this adds to the ‘social cause’ of
Right to information, which shall maintain transparency in administration, to
restrain corruption to greater extent. And it has to be noted that several
legislations have been enacted after the independence, but very few them have
been successfully implemented and having such a massive social impact.
Perhaps
there is no other law like RTI Act, which touches the day to day life of a
common man.
){kind=link}
0 Comments