In our democratic country India, the public is the supreme power. We, the people of India have the right to access information under the control of public authorities and analyze whether their work is being carried out in a fair manner or not.
RTI, Right to Information Act ensures that the people we put in power remain answerable to us and make sure that the public funds are not being used arbitrarily.
So, before getting into details of the RTI Act, firstly let’s understand the meaning of the RTI Act.
“RTI Act means that any Indian citizen can request information, which is public knowledge from the offices and departments of the State or Central Government. The main objective of the RTI Act is to empower the citizens of India to promote transparency in the working of the Government offices. This makes the Government accountable for its work and protects it from doing anything wrong like corruption, manipulation of data etc.”
What is a public authority?
A "public authority" is any body or institution or authority of self-government established or constituted by or under the Constitution; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government. The bodies owned, controlled, or substantially financed by the Central Government or a State Government and non-Government organizations substantially financed by the Central Government or a State Government are also considered within the definition of public authority.
What kind of information is covered under the Right to Information Act?
The information covered under the RTI Act can be in any form - emails, audio, press documents, files, contracts, samples, or any other material in electronic form. It also includes any other information where the private body is accessible to the public authority under any given law.
Why is the Right to Information necessary in our country?
Right to Information is necessary because of the following reasons:
1. It makes the public administration more accountable to the citizens of India.
2. It reduces the existing gap between the Government and the Public.
3. It spreads awareness about how decision making takes place in the public administration.
4. The possibility of corruption in the public administration is reduced to a large extent.
5. The public administration becomes more responsive to the requirements of the common people.
What are the rules of RTI Act 2005?
Right to Information is a vital act towards the attainment of good governance. Here are the rules of RTI:
The RTI rule allows only citizens of India to seek information. There is no provision for providing information to Corporations, Associations, and Companies that are legal entities. In case an application is made by an employee or officer of any Corporation, Association, Company, NGO etc. indicating his name, then in such a case it would be presumed that he/she is a citizen of India and information will be made available to them.
- Fee payment:
A person who desires to seek information from a public authority needs to send a demand draft or a banker’s cheque or an Indian Postal order of Rs. 10 to the Accounts officer of the public authority. If an applicant belongs to below poverty line, he/she doesn’t need to pay a fee.
- Transfer of applications:
The RTI rule says that if an application is made to a public authority requesting information, which is however held by another public authority; or the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or relevant part of it to that other public authority just within five days from the receipt of the application.
- Filing an appeal:
An applicant can file an appeal to the first appellate authority if the information is not supplied to him/her within the prescribed limit of 30 days or 48 hours. If the appellate authority fails to pass an order within the prescribed time period, then the applicant may prefer a second appeal - The Second Appeal must be filed within 90 days from the date on which the First Appellate Authority decision was actually received by the Appellant or within ninety days after the expiry of 45 days of filing the First Appeal in cases where no reply has been received. [Second Appeal Guidelines | Central Information Commission (cic.gov.in)]
- Imposition of penalty:
If the Public Information Officer has refused to receive an application for information or has not furnished information within the time specified or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, then it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished subject to the condition that the total amount of such penalty shall not exceed twenty-five thousand rupees.
Do’s and Don’ts of RTI
The Right to Information can be filed online by using the website https://rtionline.gov.in/. There is a proper procedure that needs to be followed while filing the RTI online. One has to keep certain Dos and Don’ts in mind. Have a look:
Do’s:
1. Create your proper login ID and a difficult password.
2. Mention the exact information that you are requesting to seek.
3. Write your query in a simple and clear manner.
4. Fill in the correct details you are requesting to find.
5. Review the details carefully, before its submission.
6. Submit your request online or send it to the proper address.
7. You can track your application using the tracking ID.
Don’ts:
1. Never disclose your username to anyone.
2. Do not ask more than one question at a time, otherwise your application may get rejected.
3. Do not write an application in any format. Always follow the prescribed format of filing the application.
4. Never forget to pay the fee.
What information cannot be disclosed as per RTI rules?
Given information cannot be disclosed as per RTI rules:
1. Information or disclosure which prejudicially affects the sovereignty and integrity of India.
2. Information which has been expressly forbidden to be published by any court of law or tribunal.
3. Information, the disclosure of which can cause breach of privilege of the State Legislature or Parliament.
4. Information which includes commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party.
5. Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.
6. Information received in confidence from the foreign Government.
7. Information, the disclosure of which would endanger the physical safety or life of any person or identify the source of information given in confidence for security purposes.
8. Information which may impede the process of investigation or prosecution of offenders.
9. Cabinet papers including records of deliberation of the Council of Ministers, Secretaries and other officers.
10. Information which relates to personal information, the disclosure of which has no relationship to any public activity or interest, but may cause an unwanted invasion of the privacy of the individual.
Related Articles: Landmark Supreme Court Judgments On RTI ACT
It is concluded that the Right to Information Act 2005 is a tool that keeps a check on corruption, and holds the various bodies, agencies, and departments of the government accountable to the public. It prevents arbitrary state action and indicates the hallmark of a responsible democracy.
