Right to information act

<<2/”>a >u>Right To Information is a fundamental right of any citizen of India to know what is happening with the government. Every individual has the freedom to seek any government related information through this RTI act 2005. The Right to Information Act (2005) is one of the key legislation enacted by the Parliament which guarantees the right and freedom of every citizen of India to get the information related to our government dealings, both at centre and the states.

 

Right to information act 2005 mandates timely response to citizen requests for government information. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Right to Information also empower citizens to official inspect any Government work or to take sample of material used in any work.

Right to Information is a part of Fundamental Rights under ARTICLE 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression.

This act was passed in the Indian Parliament on 15th June 2005 and was brought into force on 12 October 2005.

 

Applicability: This Right to Information act is applicable to all the states and Union territories of India except the state of Jammu and Kashmir which has its own Right to Information act 2009. Every citizen of India has the right to seek information through this act. Only an Individual can use this RTI facility. A group or company cannot request for any information.

 

Covered Govt Offices: The citizen of India has all the right to seek information related to the Indian constitutional authorities, viz; the executive, the legislative, judiciary, any other institution or body constituted by the act of parliament or State Legislature. Any private institution financed and supported by the constitutional authorities.

 

Who is responsible: Every government office will have its own PIO(Public Information Officer) who is responsible to accept the request from the public and provide the information within 30 days of their request. A minimum fee is charged from the public. People from BPL(Below PovertyLine) are exempted from paying any fee to seek any information. Also there are APIOs(Assistant Public Information Officers) available in the post offices located in main cities and towns.

 

Information type: This act facilitates the citizen of India to obtain government documents, to inspect government documents, to inspect government works and to get the samples. (Government document means anything big to small including the Ration card, Election ID card).

Time Frame: The time frame to obtain any information is 30 days from the date of application. If the application was submitted through APIO, then the time frame is 35 days. In the case of information relating to life and death warranting very urgent information, the information to be provided within 48 hours from the time of application.

 

Restriction of Information: There is a restriction in seeking information according to the official secret act 1923 and such information will not be revealed or provided to the citizen of India in the interest of the country’s security. No information pertaining to offices and section dealing with security of the nation which will endanger the national security, security to personnel,. Like the defence, CB CID, BSF,Police etc; However, any issues relating to malfunction or Corruption in the department are excluded , and can be sought through this RTI act.

 

Appeals: An appeal can be made to the appellate authority. If the first appeal is not replied, then the second appeal can be made to the Information Commission.

 

Actions on delay information: The officer is charged Rs. 250 per day as penalty for the delay. He is likely to be charged Rs. 25000 for providing wrong information or for denial of information, and disciplinary action will be initiated against the officer who fails to provide information and if his explanation is not duly justified.

 

Word limit: There is no word limitation when the act was brought into force. Now the government is thinking to impose restriction on the word limit to 500 words per application.

 

Right to information act helps the citizen to exercise their fundamental right to get information without any denial from the authorities. It helps the people to get the information pertaining to self relating to the government. It also helps to find out the corrupt functioning of the government and its officials. It keeps a check on government to conduct its business in a very fair manner. This act creates a fear in the minds of government servants to think and work that they are the servants of the people of this nation. Many government scandals have been brought out

to Light with the help of this good act.

This Right to Information act has been conceived and delivered in a better shape that will lead India to move forward by reducing corruption in government departments. With this a government servant recognizes and respects the citizen of India and the government fears its people for wrong doings.

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The Right to Information Act (RTI) is an Indian law enacted in 2005 that gives citizens of India access to information held by the government. The RTI Act is one of the most important pieces of legislation in India, and it has had a significant impact on Transparency and Accountability in the government.

The RTI Act provides for the following:

  • The right of any citizen to access information held by any public authority.
  • The right to get information in a time-bound manner.
  • The right to get information in a format that is easily understandable.
  • The right to get information free of cost.
  • The right to appeal against any decision of a public authority.

The RTI Act has been hailed as a major step forward in the fight against corruption and for transparency in government. It has also been criticized for being too complex and for not being implemented effectively. However, the RTI Act has had a significant impact on the way the government works, and it has made it more difficult for the government to hide information from the public.

The following are some of the sub topics under the Right to Information Act:

  • Definitions
  • Applicability
  • Request for information
  • Response to request
  • Appeal
  • Penalty for contravention
  • Protection of action taken in good faith
  • Rules
  • Offences and penalties
  • Miscellaneous

The RTI Act is a powerful tool that can be used to hold the government accountable. It is important to understand the RTI Act and how to use it to get the information you need.

Definitions

The RTI Act defines the following terms:

  • “Information” means any material in any form, including records, documents, memos, e-mails, opinions, minutes, circulars, orders, instructions, reports, papers, books, accounts, and statistics.
  • “Public authority” means any authority or body or institution of the government or any non-government organization established or funded by the government or any corporation established by a law for the purposes of any public activity.
  • “Central Public Information Officer” (CPIO) means the officer designated by the public authority to receive requests for information and to provide information to the public.
  • “State Public Information Officer” (SPIO) means the officer designated by the State Government to receive requests for information and to provide information to the public.
  • “First Appellate Authority” means the officer designated by the government to hear appeals against the decisions of the CPIO or SPIO.
  • “Second Appellate Authority” means the Central Information Commission or the State Information Commission, as the case may be.

Applicability

The RTI Act applies to all public authorities, including the central government, state governments, local governments, and non-governmental organizations that are funded by the government.

Request for information

A request for information can be made in writing or in person to the CPIO or SPIO of the public authority. The request must be accompanied by a fee of Rs. 10.

The CPIO or SPIO must acknowledge the receipt of the request within 10 days and must provide the information within 30 days. If the information is not provided within 30 days, the applicant can file an appeal with the First Appellate Authority.

Response to request

The CPIO or SPIO must provide the information in a format that is easily understandable. The information must be provided free of cost, except for a nominal fee for the cost of Reproduction.

The CPIO or SPIO can refuse to provide information if it is:

  • Personal information about an individual
  • Information that is exempted under the RTI Act
  • Information that is commercially confidential
  • Information that is likely to endanger the life or safety of any person
  • Information that is likely to prejudice the security of the state

Appeal

If the CPIO or SPIO refuses to provide information or provides incomplete or incorrect information, the applicant can file an appeal with the First Appellate Authority. The First Appellate Authority must dispose of the appeal within 30 days.

If the First Appellate Authority upholds the decision of the CPIO or SPIO, the applicant can file a second appeal with the Central Information Commission or the State Information Commission, as the case may be. The Central Information Commission or the State Information Commission must dispose of the appeal within 90 days.

Penalty for contravention

Any person who contravenes the provisions of the RTI Act is liable to be punished with imprisonment for a term of up to two years or with a fine of up to Rs. 25,000 or with both.

Protection of action taken in good faith

No person shall be liable to any action for anything done or omitted to be done in good faith under the RTI Act.

What is the Right to Information Act?

The Right to Information Act (RTI) is an Act of the Parliament of India that gives the right to information to the citizens of India. It was enacted in 2005 and came into force on 12 October 2005. The RTI Act is one of the most important pieces of legislation in India and has been instrumental in promoting transparency and accountability in the government.

Who can file an RTI application?

Any citizen of India can file an RTI application. There is no age limit or any other qualification required to file an RTI application.

What information can be sought under the RTI Act?

Any information that is held by a public authority can be sought under the RTI Act. This includes information about the functioning of the government, its policies and programs, and the actions of its officials.

How do I file an RTI application?

An RTI application can be filed in writing or online. The application must be addressed to the Public Information Officer (PIO) of the public authority that holds the information being sought. The application must contain the following information:

  • The name and address of the applicant
  • The name and address of the public authority
  • The information being sought
  • The reason for seeking the information

What is the fee for filing an RTI application?

There is no fee for filing an RTI application. However, a nominal fee may be charged for providing copies of documents.

How long does it take for a public authority to respond to an RTI application?

A public authority must respond to an RTI application within 30 days of its receipt. However, this period may be extended by another 30 days if the public authority is unable to provide the information within the first 30 days.

What if a public authority does not respond to an RTI application?

If a public authority does not respond to an RTI application within the stipulated time period, the applicant can file a complaint with the Central Information Commission (CIC) or the State Information Commission (SIC). The CIC or SIC is a statutory body that is responsible for ensuring compliance with the RTI Act.

What are the penalties for non-compliance with the RTI Act?

The penalties for non-compliance with the RTI Act include imprisonment for up to two years, a fine of up to Rs. 25,000, or both.

What are the benefits of the RTI Act?

The RTI Act has several benefits, including:

  • It promotes transparency and accountability in the government
  • It helps to curb corruption
  • It empowers citizens to hold the government accountable
  • It helps to improve the quality of governance

What are the challenges faced in implementing the RTI Act?

There are several challenges faced in implementing the RTI Act, including:

  • Lack of awareness about the RTI Act
  • Apathy of public officials
  • Lack of Infrastructure-2/”>INFRASTRUCTURE and Resources
  • Political interference

What are the future prospects of the RTI Act?

The RTI Act is a powerful tool that can be used to promote transparency and accountability in the government. However, there are several challenges that need to be addressed in order to ensure its effective implementation. With the right support and resources, the RTI Act can be a game-changer in the fight against corruption and for Good Governance in India.

Here are some MCQs without mentioning the topic Right to Information Act:

  1. Which of the following is not a right guaranteed by the Indian Constitution?
    (A) Right to life and Liberty
    (B) Right to freedom of speech and expression
    (C) Right to information
    (D) Right to Property

  2. The Right to Information Act was passed in the year:
    (A) 2000
    (B) 2005
    (C) 2010
    (D) 2015

  3. The Right to Information Act gives citizens the right to:
    (A) access information held by public authorities
    (B) inspect documents held by public authorities
    (C) take copies of documents held by public authorities
    (D) all of the above

  4. The Right to Information Act does not apply to:
    (A) the Prime Minister’s Office
    (B) the President’s Office
    (C) The Supreme Court
    (D) the Election Commission

  5. The Right to Information Act has been criticized for being:
    (A) too complex
    (B) too slow
    (C) too expensive
    (D) all of the above

  6. The Right to Information Act has been praised for:
    (A) making government more transparent
    (B) empowering citizens
    (C) holding government accountable
    (D) all of the above

  7. The Right to Information Act has been used to:
    (A) expose corruption
    (B) improve public Services
    (C) hold government accountable
    (D) all of the above

  8. The Right to Information Act has been challenged in court on the grounds that it:
    (A) violates the Right to Privacy
    (B) violates the right to confidentiality
    (C) violates the right to secrecy
    (D) all of the above

  9. The Right to Information Act has been upheld by the Supreme Court on the grounds that it:
    (A) is a necessary tool for transparency and accountability
    (B) does not violate any fundamental rights
    (C) is in the public interest
    (D) all of the above

  10. The Right to Information Act has been a success in:
    (A) making government more transparent
    (B) empowering citizens
    (C) holding government accountable
    (D) all of the above

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