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Indian Polity & Governance


Topic

Right to Information

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Historical Backgrounds of The RTI


Act in India

The

Supreme Court in the case of Raj Narain vs. State of UP (1976)


observed that people cannot speak or express themselves unless they
have information on government affairs. That is, the freedom of speech
and expression given in Art 19 (1) (a) can not be effectively exercised
unless the right to information is made available to citizens.

Therefore,

right to information is embedded in article. Secondly, in the


same case, Supreme Court further said that India is a democracy. People
are the masters. Therefore, the masters have a right to know how the
government which is their servant is functioning.

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Thirdly, the apex court in the same verdict said that all citizens pay
taxes and therefore have a right to know how their money was
being spent. The Supreme Court ruled that the above principles
translate to making Right to information a Fundamental Right
an inferred right in the S. P. Gupta vs. Union of India (1982),
popularly known as First Judges case, the apex court liberally
interpreted Art. 19 (1) (a) to include right to information.

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Union Government, State Governments


and the RTI

Right to Information is not expressly mentioned in any of the 3


Lists in the Seventh Schedule (Article 246) of the Constitution.
Thus, it falls in the residuary powers category and so belong to the
Union Government.
However, since RTI applies to the entire governance and both the
Governments are directly involved in it, State Governments are also
allowed to legislate on it.
The Union law and the state laws co exist with the prevalence of
the doctrine of federal supremacy as mentioned in Art.254.
Needless to say, before the doctrine of federal supremacy is
applied, the doctrine of harmonious construction should be applied
and an effort must be made to reconcile the two laws.

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RTI Act 2005


The meaning of right to information is: the right to

Inspect works, documents, records.

Take notes, extracts or certified copies old documents or records.

Take certified samples of material.

Obtain information in form of printouts, diskettes, floppies, tapes,


video cassettes or in any other electronic mode or through
printouts.

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The definition of information is : 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 other of the
time being in force but does not include file noting.

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Information that is not open to


disclosure:

Information, disclosure of which would prejudicially affect the


sovereignty and integrity of India, the security, strategic, scientific
or economic interests of the State, relation with foreign State or
lead to incitement of an offence.

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Duties of the PIO

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Deals with requests for information

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 shall, within 30 days of the receipt of the request either provide
the information on payment of such fee or reject the request for
any of the reasons specified in the Act.
Where the information requested for concerns the life or liberty of
person it shall be provided within forty-eight hours of the receipt of
the request.

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If the PIO fails to give decision on the request within the period
specified, shall be deemed to have refused the request.
Where a request has been rejected, the PIO shall provide the
reasons for such rejection; communicate the period within which an
appeal against such rejection may be preferred and the particulars
of the Appellate Authority.
Every PIO will be liable to Rs. 250 per day up to a maximum of Rs.
25,000/-, for-

Not accepting an application;

Delaying information release without reasonable cause;

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Malafidely denying information;

Knowingly giving incomplete, incorrect, misleading information;

Destroying information that has been requested and

Obstructing furnishing of information in any manner.

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Appellate Authorities

First appeal to the officer senior in rank to the PIO in the concerned
Public Authority
Second appeal to the Central Information Commission or the Stale
Information Commission as the case may be

Third appeal before first Appellate


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Central Information Commission

Central Information Commission is constituted by the Central


Government.
Commission
includes
Chief
Information
Commissioner (CIC) and not more than 10 Information
Commissioners (IC) who will be appointed by the President of
India on the recommendation of the Appointment Committee that
includes Prime Minister (Chair), Leader of the Opposition in the
Lok Sabha and one Union Cabinet Minister to be nominated by the
Prime Minister.
Oath of office will be administered by the President of India
according to the form set out in the First Schedule of the Act.

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Eligibility criteria and The process of


appointment of CIC/IC

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.
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.

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Term of office and other service


conditions of CIC

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.
CIC is not eligible for reappointment.
Salary is the same as that of the Chief Election Commissioner. This
will not be varied to the disadvantage of the CIC during service.

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Term of Office and Other Service


Condition of IC

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 reappointment as IC.
Salary will be the same as that of the Election Commissioner. This
will not be varied to the disadvantage of the IC during service.

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Removal of Chief Information


Commissioner & Information
Commissioner

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Chief information Commissioner or any Information Commissioner


shall be removed from his office only by order of the President on
the ground of proved misbehaviour or incapacity after the Supreme
Court, on a reference made to it by the President.

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Powers and functions of Information


Commission

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The Central Information Commission/State Information


Commission has a duty to receive complaints from any person
Who has not been able to submit an- information request because a
PIO has not been appointed;
Who has been refused information that was requested;
Who has received no response to his/her information request with
the specified time limits;
Who thinks the fees charged are unreasonable;
Who thinks information given is incomplete or false or misleading :
and

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Any
other
matter
relating
to
obtaining
information
under
the
RTI
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Power to order inquiry if there are reasonable grounds


CIC/SCIC will have powers of Civil Court such as

Summoning and enforcing attendance of persons, compelling them


to give oral or written evidence on oath and to produce documents
or things;

Requiring the discovery and inspection of documents

Receiving evidence on affidavit

Requisitioning public records or copies from any court or office

Issuing summons for examination of witnesses or documents any


other matter which may be prescribed.

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RTI and file Notings

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The issue of file notings (notes that detail the reason bureaucratic
decisions are made) has been a bone of contention ever since the
Right to information Act was passed by the Indian Parliament in
2005. Opinion is divided as to whether file notings are a part of the
definition of information.

RTI and Parliament

Lok Sabha Committee for Privileges did not favour uncontrolled


access under RTI to information relating to proceedings of the
House in the report it presented in 2008.

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RTI and Judiciary


RTI covers all three organs of the Government- Legislature,
Executive and Judiciary Judges come under it for the additional
reason that they are public servants (Supreme Court Veeraswami
case 1991).

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Problems in implementation of RTI

Whether file notings have to be revealed or not is a moot point

The Act is not being given sufficient publicity

Fees levied by many state governments is high

Photocopying charges are high

PIOs are generally junior officers and are not able to draw
information from the senior functionaries in the department
Training the PIOs needs to be strengthened
Governments servants are the ones filing the appeals for
information to a great extent

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