Introduction:
The
right to Information Act 2005 which came fully into effect on12th October 2005
is one of the most significant legislation enacted by the Parliament in India.
It is a major step towards more accountable and transparent government. RTI has
been enacted 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. The Act
will certainly lead to end the culture of governmental secrecy andfulfil its
potential as a truly great democracy.
Objective
of the Act:
1.
To promote transparency and functioning of the government. accountability in
the
2.
To set up a practical regime for giving citizens access to Information that is
under the control of public authorities.
3.
To empower the citizens as the law will promote the participation of the
citizens in official decisions that directly affect their lives.
4.
The effective implementation of RTI Act will build public trust in the
government functioning.
5.
It will lead to effective and efficient records management technique that is
needed to facilitate the provision of information in response to public
interest.
What
is Right to Information?
Government
information is national resource. Neither the particular government of the day
nor public officials create information for their own benefits. Government and
officials are trustees of this information for the people. The RTI act enables
the citizens to obtain access under the law to documents that may otherwise be
available only at the discretion of government.
The
RTI Act 2005 provides effective access to information for citizens of India,
which is under the control of public authorities. This overrides the ―official
Secrets Acts and similar laws and rules.
The
Act primarily envisages setting out a 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.
Right
to Information means the right to information accessible under this Act which
is held by or under the control of any public authority and includes the right
to: -
(i)
Inspection of work, documents, records.
(ii)
Taking notes, extracts, or certified
copies of documents or records.
(iii)
Taking certified samples of material.
(iv)
Obtaining information in the form of
diskettes, floppies, tapes, video cassettes or in any other electronic mode or
through printouts where such information is shared in a computer or in any
other device.
Every
information held by or under the control of a public authority is accessible to
a citizen, unless information is exempt from disclosure.
What
is Accessible under the Law?
Information
means any material in any form, including records, documents, memos, e-mail,
opinions, advices, press releases, circulars, orders, log books, contacts,
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 law for the time being in force.
Features
of the RTI Act:
Ø The
Act extends to the whole of India except Jammu & Kashmir.
Ø All
citizens shall have the right to information, subject to provisions of the Act.
The RTI empowers the citizens to ask any question or seek any information from
government authorities be it Central, State or Local governments.
Ø It
shall apply to Public Authorities which means any authority or body or institution
of self-government established or constituted by or under the Constitution; by
any law made by the appropriate Government or, any other body owned, controlled
or substantially financed directly or indirectly by the appropriate Government,
and includes non-government organisation substantially financed by the
government.
Ø The
Act lays down the machinery for the grant of access to information. The Public
Authorities are required to designate Public Information Officer and Assistant
Public Information Officer with in the hundred days of enactment to accept the
request forms and provide information. The Public Information
Officers/Assistant Public Information Officers will be responsible to deal with
the requests for information and also to assist persons seeking information.
Ø The
Act envisages creation of an independent non-judicial machinery viz, Central
Information Commission, State Information Commission. Legal Framework of
exercise of powers by the Commission is defined in the Act.
Ø The
Act also provides the two- tier Appellate forum. First appeal is to be made to
the departmental officer senior to the Public Information Officer. The second
appeal is to be made to State Commission.
Ø Fee
will be payable by the applicant depending on the nature of information sought.
Ø Time
limit has been prescribes for the compliance of information depending upon the
information requirements.
Ø Certain
categories of information have been exempted from the disclosure under Section
8and 9 of the Act like conduct of International Relations, security of the
State, trade and commercial secrets, intelligence agency etc.
Ø Central
Information Commission and the State Information Commissions monitor the
implementation of the Act and prepare an Annual report to be laid before the
Parliament / State legislatures.
