“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.”
Highlights of RTI Act, 2005
RTI stands for Right To Information and has been given the status of a fundamental right under ARTICLE 19(1) of the Constitution. Article 19 (1) under which every citizen has freedom of speech and expression and have the right to know how the government works, what role does it play, what are its functions and so on.
The Act confers right to the citizens to know as to how the tax payer’s Money is being spent by the Government.
The RTI Act extends to the whole of India (except the State of Jammu and Kashmir), all bodies, which come under Government notification including NGOs, which are owned, controlled or are substantially financed by the Government.
RTI Act confers right to access to information held by a Public Authority. In case you have been denied the access to information you may file Appeal / Complaint before the Central Information Commission (CIC) using the CIC Online.
The RTI Act, 2005 empowers every citizen to:
Ask any questions from the Government or seek any information.
Take copies of any governmental documents.
Inspect any governmental documents.
Inspect any Governmental works.
Take samples of materials of any Governmental work
Process of Filing RTI
Under the Act, all authorities covered must appoint their Public Information Officer (PIO).
Any person may submit a request to the PIO for information in writing.
It is the PIO’s obligation to provide information to citizens of India who request information under the Act.
If the request pertains to another public authority (in whole or part), it is the PIO’s responsibility to transfer/forward the concerned portions of the request to a PIO of the other within 5 working days.
In addition, every public authority is required to designate Assistant Public Information Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority.
The applicant is not required to disclose any information or reasons other than his name and contact particulars to seek the information.
RTI and its impact on Official Secrets Act
Section 8 of RTI Act exempts certain items from being disclosed through an RTI. Section 22 only covers overriding of provisions of Official Secrets Act, 1923 that are inconsistent with those of RTI Act, the documents classified under OSA are not covered. Therefore, Official Secrets Act may cause hinderance. It is a loophole that has to be eliminated.
Based on the level of sensitivity of the information and the implications of its disclosure for national security, the official documents in India are classified as:
Top Secret
Secret
Confidential
Restricted
Top Secret
It is for information whose unauthorised disclosure may cause “exceptionally grave damage” to national security or national interest. This category is reserved for the nation’s closest secrets.
Secret
It is for information whose disclosure may result in “serious damage” to national security or national interest, or serious embarrassment to the government. It is generally used for “highly important matters”. Normally it is the highest Classification used.
Confidential
It is for information that might cause “damage” to national security, be prejudicial to national interest, might embarrass the government.
Restricted
It is applied to information meant only for official use and is not to be published or communicated to any person except for official purposes. Documents which are not classified are regarded as “Unclassified”.
Criteria for classification: Despite of requests from activists, the Ministry of Home Affairs (MHA) has not disclosed the criteria for classification. The Official Secrets Act does not define the term ‘secret’ or the phrase ‘official secrets’. Further, the public servants enjoy substantial discretion to classify anything as ‘secret’. The classification is decided in accordance with Departmental Security Instructions issued by the MHA. The Central Secretariat Manual of Office Procedure (Thirteenth edition), published in September 2010, has details of how classified documents will be treated, but there is no mention of the criteria for classification of documents.
,
The Right to Information Act, 2005 (RTI Act) is a law that gives citizens of India the right to access information held by the government. The Act was passed by the Indian Parliament on 15 June 2005 and came into force on 12 October 2005.
The RTI Act is based on the principle that citizens have a right to know how their government is functioning and what decisions are being made in their name. The Act gives citizens the right to access information from any public authority, including the central government, state governments, local governments, and Public Sector Undertakings.
The RTI Act has had a significant impact on the way the government functions in India. It has made the government more transparent and accountable to the people. The Act has also helped to improve the quality of governance in India.
The Official Secrets Act, 1923 (OSA) is a law that protects information that is considered to be of a sensitive nature. The Act was passed by the British government in 1923 and was retained by the Indian government after independence.
The OSA prohibits the disclosure of any information that is considered to be “official secret”. This includes information that is related to national security, defense, foreign affairs, and the economy.
The OSA has been criticized for being too broad and for being used to suppress dissent. The Act has also been criticized for being used to protect Corruption and inefficiency in the government.
The RTI Act and the OSA are two very different laws. The RTI Act is a law that promotes transparency and accountability, while the OSA is a law that protects secrecy. The RTI Act has had a positive impact on the way the government functions in India, while the OSA has had a negative impact.
The RTI Act has several challenges. One challenge is that it is difficult to get information from the government. Many government officials are reluctant to share information, even when it is required by law. Another challenge is that the RTI Act is not always implemented effectively. There have been cases where government officials have refused to provide information or have provided incomplete or inaccurate information.
Despite these challenges, the RTI Act has had a number of benefits. It has made the government more transparent and accountable to the people. It has also helped to improve the quality of governance in India. The RTI Act has also empowered citizens and helped to build a more informed and engaged citizenry.
The RTI Act has been criticized for being too bureaucratic and for being difficult to use. It has also been criticized for being used to harass government officials. However, the RTI Act has also been praised for its transparency and accountability measures.
The future of the RTI Act is uncertain. The government has proposed a number of amendments to the Act, which have been criticized by civil Society groups. It is unclear whether the government will be able to pass these amendments. The future of the RTI Act will depend on the government’s commitment to transparency and accountability.
What is the Right to Information Act?
The Right to Information Act (RTI) is an Indian law that gives citizens the right to access information from the government. The law was passed in 2005 and has been hailed as a major step forward in transparency and accountability in government.
What is the Official Secrets Act?
The Official Secrets Act (OSA) is an Indian law that prohibits the disclosure of information that is considered to be secret. The law was passed in 1923 and has been amended several times since then.
What is the impact of the RTI Act on the OSA?
The RTI Act has had a significant impact on the OSA. The law has made it much more difficult for the government to keep information secret. This is because the RTI Act gives citizens the right to access information from the government, even if that information is considered to be secret.
What are some of the benefits of the RTI Act?
The RTI Act has had a number of benefits. It has made the government more transparent and accountable. It has also helped to reduce corruption. The RTI Act has also given citizens a greater voice in government.
What are some of the challenges of the RTI Act?
The RTI Act has also faced some challenges. One challenge is that it can be difficult for citizens to understand the law and how to use it. Another challenge is that the government has not always been responsive to requests for information.
What is the future of the RTI Act?
The RTI Act is likely to continue to play an important role in Indian Democracy. The law has helped to make the government more transparent and accountable. It has also helped to reduce corruption. The RTI Act has also given citizens a greater voice in government.
The Right to Information (RTI) Act is a law that gives people the right to access information held by the government. The Official Secrets Act (OSA) is a law that protects government information from being disclosed to the public.
The RTI Act has had a significant impact on the OSA. The RTI Act has made it easier for people to access government information, which has made it more difficult for the government to keep information secret. The RTI Act has also led to a number of changes to the OSA, such as the introduction of a public interest disclosure exemption.
Here are some MCQs on the topics of RTI and OSA:
The Right to Information (RTI) Act is a law that gives people the right to access information held by the government. True or False?
The Official Secrets Act (OSA) is a law that protects government information from being disclosed to the public. True or False?
The RTI Act has had a significant impact on the OSA. True or False?
The RTI Act has made it easier for people to access government information. True or False?
The RTI Act has also led to a number of changes to the OSA. True or False?
The public interest disclosure exemption is an exemption to the OSA that allows people to disclose government information if they believe that it is in the public interest to do so. True or False?
The RTI Act has made it more difficult for the government to keep information secret. True or False?
The RTI Act has led to a more open and transparent government. True or False?
The RTI Act has had a positive impact on democracy in India. True or False?
The RTI Act is a flawed law that has not achieved its objectives. True or False?