Author: Siddharth Sharma
In this article I’ll try to explain key points of RTI act, 2005, in nut shell without going much in to detail, so that one can make basic understanding about the act.
What is Right to
Information?
When was this act came in to force?
Scope of RTI act
Who comes under the ambit of RTI act?
Which type of information can be obtained through this act?
What is the time limit to
get the information through this RTI act?
What action is taken against the PIO who fails to provide, or
deliberately provide wrong information?
Is discloser of reason for which we are seeking information necessary?
References
In this article I’ll try to explain key points of RTI act, 2005, in nut shell without going much in to detail, so that one can make basic understanding about the act.
From this
article you will learn:
What is
Right to Information?
When this
act was came in to force?
Scope of
RTI act?
Who comes
under the ambit of RTI act?
Which type
of information can be obtained through this act?
What is the
time limit to get the information through this RTI act?
What action
is taken against the PIO who fails to provide, or deliberately provide wrong
information?
Is
discloser of reason for which we are seeking information necessary?
What is Right to
Information?
The RTI act
2005, is a legislative act which takes us from darkness of secrecy to dawn of
transparency, from representative democracy to participatory democracy and the
transformation from the culture of non-transparency to openness in governance.
Article 19(1) of our Indian Constitution provides us fundamental right of right
to freedom of speech. The right to freedom of speech can only be exercised when
one have appropriate information. So right to information ACT provides that
tool to the citizens of India.
When was this act came in to force?
The right to
Information Bill, 2005 was passed by the Lok Sabha on May 11, 2005 and by the
Rajya Sabha on May 12, 2005, received the president’s assent on June 15, 2005
and become law and ultimately came to force on October 12, 2005 by replacing the
Freedom of Information Act, 2002.
Scope of RTI act
This act applies all over
the India including: all the states and union territories. Before 2019, the
state of Jammu and Kashmir had its own freedom of speech act 2009. But when the
government of India repealed the article 370(A), which gave a special status to
the state, the RTI act automatically started to apply there.
Who comes under the ambit of RTI act?
All the
public authorities came under the jurisdiction of RTI act. Now the question
arise what does public authority means.
All the
three wings of government: legislature, executive and some an extent judiciary;
all governmental departments, Municipal Bodies, Panchayats and so on. It
also included the bodies established, owned, controlled, substantially
financed, non-governmental organizations which receives funds from the
government, no matter directly or indirectly etc. comes under the purview of
RTI act.
Which type of information can be obtained through this act?
Information
which exist with the public authorities, no matter in any form: The
specific instances – records, documents, memos, emails, opinions, advices,
reports, samples, Legal or other opinions obtained by Public authorities, or
various reports received by them are all covered. It means all the information
which is asked by a parliamentarian in our parliament, can also be obtained by
a common man. One can also seek information which is related to private institutions,
if the law allows the public authority to access it.
For better understanding some examples are given below:
I.
If one wants to seek information about private
unaided school, then it can be obtained by education department.
II.
Information about Trusts – from the Charities
Commissioner.
III.
Information about any private bank, from RBI.
Etc.
Now you are definitely thinking that nothing is left from
the ambit of this act. This is not the correct assumption. There are certain
restrictions in seeking the information which is given under section 8 and 9 of
RTI act and article 19(2) of Indian Constitution. Such as:
Information related to the interests of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign
States, public order, decency or morality or in relation to contempt of court
or information related to third person.
What is the time limit to
get the information through this RTI act?
Generally the time frame to obtain any information is 30
days from the date of application receipt, by any public information officer,
but when the application was submitted through the assistant public officer
[APO], or any wrong public officer, then the time limit increases 30 to 35
days. In the matters concerning life and death warranting very urgent
information, then the demanded information must be provided in the 48 ours.
What action is taken against the PIO who fails to provide, or
deliberately provide wrong information?
If the first appealed is not replied or replied unsatisfactory
information, then one can file second appeal before the appellate authority:
centre information commission or state information commission, as the case may be.
Any public information officer who deliberately provide
wrong information, or information not provide under the specified time period,
then he will be charged 250 rupees per day for the delay, which can be up to
25000 rupees. There is also a provision for disciplinary action if required.
Is discloser of reason for which we are seeking information necessary?
Section 6(2), of RTI act provides that an applicant making
request for information shall not be required to give any reason for requesting
the information or any other personal details except those that may be
necessary for contacting him. If any public officer asks more information about
the appellant person, then it deemed clear violation of law.
References
RTI act, Authentic Interpretation of the Statute: by Shailesh
Gandhi & Pralhad Kachare
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