MAIN OBJECTS OF THE RIGHT TO INFORMATION ACT,2005

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This article is written by R Tushara of 4^th Year of BBA.LLB (Hons.) of Chettinad School of Law, Kelambakkam, an intern under Legal Vidhiya

ABSTRACT:

In a liberal democracy, people are privy to comprehending how the state operates and how their taxes are getting used. To maintain openness and responsibility, the Indian administration enforced the Right to Information Act in 2005. This significant enactment entrusts everyone the authorization to inquire information from governmental departments, examine administrative documents, and acquire recognized copies. In this Article, it will explore the complexity of the Right to Information Act, its aims, the procedure of filing an application, and the exceptions to revealing the same.

KEYWORDS: Democracy, comprehend, significant, authorization, inquire

INTRODUCTION:

The Right to Information Act, known commonly as RTI, has been inscribed in Article 19.1 of the Indian Constitution as a basic right. It underscores that the free expression of speech and opinion cannot be achieved if data is not accessible. The Indian Supreme Court, in a decision made in 1976, accentuated the vital role of educated citizens in a democracy. As taxpaying individuals, the public should be informed as to how the government is aiming to serve them.

In order to ensure transparency and responsibility within the political system, the RTI Act of 2005 was created. It allows citizens to understand their right to obtain knowledge retained by public bodies. This encompasses the right to investigate official tasks, documents, and to even take officially sanctioned samples of materials. Furthermore, one can petition for the information in multiple formats, counting printed and digital reproductions.

ENACTMENT AND SCOPE OF THE ACT:

The RTI Act was enacted in May 2005 by both the Lok Sabha and the Rajya Sabha, obtaining presidential endorsement in the following month of June. Then, following a delay of 120 days, this progressive legislation became operational on October 12, 2005. This allowed people access to government departments throughout India, providing visibility into their operations. This ruling covers any public authority, be it constituted under the constitution, legislative acts of parliament or state legislatures, any organisation which is either completely governed or partially funded by the government, or even non-government bodies that receive indirect government subsidy. It is mandatory for all public authorities to make details of their obligations, duties, and key personnel public within 120 days of the enactment of this law.

THE NEED FOR THE RIGHT TO INFORMATION ACT:

The beginnings of the Right to Information Act can be traced to the necessity for a higher level of transparency and responsibility among the governing faction. Before the passage of the RTI Act, the authorities worked under the colonial Official Secrets Act, putting constraints on the availability of data. The Central Civil Service Guidelines, in addition, blocked the circulation of information.

Nevertheless, the values of democracy in India necessitated a system in which citizens could employ their birthright to comprehend. Even if particular info, such as secrets of defence or international affairs, may need to stay concealed, the population has a real stake in gaining an understanding of how the government performs. The RTI Act grants citizens the authority to acquire information, look at public records, and request authenticated copies.

UNIQUE FEATURES OF THE RIGHT TO INFORMATION ACT:

The Right to Information Act stands out as a unique piece of legislation due to two important features:

Right-based implementation: The Right to Information (RTI) Act is a law that expressly grants people the privilege to access information. This is a subsection of a series of right-based instatements from the Indian Government, which include the Right to Employment (MGNREGA), Right to Education, Forest Rights Act, and others. These implementations are intended to empower citizens and improve their quality of life.

[1]Consequent to societal constraints: In distinction to many other statutes, the RTI Act was passed as a result of the active participation and compulsion from society and disparate interest groups. The call for a right to information had been apparent since the 1986 Supreme Court decision, which reckoned it as an indispensable facet of freedom of speech and expression. The UPA government appropriated the impetus to implement this act in 2004, assimilating advices from specialists in the area.

APPLYING FOR AN RTI APPLICATION-PROCEDURE AND GUIDELINES: –

Citizens may lodge an RTI application either electronically or in writing. A particular form or design is not necessary; a simple note in plain paper with the name and complete address of the applicant should suffice. This may be composed in either Hindi, English, or any other official language which obviates language as a hindrance.

No excuse is required for availing of the RTI facility since any entity suspicious of or apprehensive about a government action can take this step. The Public Information Officer (PIO) must provide the appropriate help to individuals incapable of submitting a written request.

The fee charged for obtaining an RTI record should be affordable and pre-determined by the company. Be that as it may, people below the poverty line are exempted from fee payment. Usually, information is given within 30 days from the date of submission, while in matters related to life and liberty, the response is provided within 48 hours. When the submission is made to the assistant public information officer, an extra five days must be factored in the timeframe. And for matters involving a third party, the period stretches to 40 days.

THE OBJECTIVES AND IMPACT OF THE RTI ACT:

The Act aspires to bolster transparency in the operation of government and other public bodies. It necessitates that agencies of the government and other organizations openly make available certain information, thus allowing their operations to be more visible and obtainable.

[2]The Act empowers citizens by granting them the capability to obtain data from public authorities. It equips people with the ability to acquire knowledge about government decisions, policies, and operations, permitting them to make sound choices and involve themselves in democratic operations usefully.

Ensuring Responsibility: Providing citizens with the tools to access data regarding government activities allows authorities to be held responsible for their actions and judgments. This may forestall corruption, exploitation of power, and other ill-advised activities.

[3]The Act can help abate corruption by promoting transparency and accountability. With public officials being cognizant of the fact that their actions can be monitored by the populace, opportunities for corruption can be minimized.

Advancing Quality Governance: The Act promotes the overall development of good governance by fostering an atmosphere of transparency, where decisions made by the government are open to public evaluation and supervision.

The Act serves as a safeguard against potential abuse of authority by those in positions of power within the public sector. It upholds that choices are determined in accordance with the right protocols and provides citizens with the ability to dispute rulings that could be unreasonable or slanted. Consequently, it restrains the misuse of energy.

Facilitating Involvement: Through granting constituents’ access to data, the Act incites vigorous involvement in democratic procedures. Knowledgeable citizens can offer input concerning strategies, supply comments, and take part more effectively with their administration.

Protecting Essential Liberties: The right to know is connected to the right to freedom of expression, which are crucial liberties assured by the Indian Constitution. The Act aids to shelter and advance these rights by permitting residents to acquire and disseminate knowledge.

Facilitating social and economic growth: Receipt of reliable data can support more competent organizing and choices, resulting in a more successful realization of growth plans and regulations.

By using information gained through the Act, citizens can monitor and assess public service delivery, confirming that government programs are functioning both efficiently and effectively.

CASE LAWS RELATED TO RIGHT TO INFORMATION ACT:

In CBSE vs. Aditya Bandopadhyay (2011) 8 SCC 497, the Supreme Court adduced that the entitlement to information is an inalienable guarantee described in Article 19(1)(a) of the Constitution. The court underlined that citizens have the authority to be familiar with the activity of public bodies and their decisions.

In The State of Uttar Pradesh vs. Raj Narain (1975), set an important precedent, establishing that the right to request information is encompassed within the fundamental right of freedom of speech and expression. This landmark judgment held that any individual can make a request for information from public authorities, and that any refusal to disclose said information would be permissible only in the presence of specific exceptions specified by the act.

In the Union of India vs. Association for Democratic Reforms AIR 2001 Delhi 126, 2000 (57) DRJ 82, the Supreme Court determined that political parties are considered public authorities for the purposes of the Right to Information Act. This verdict made it compulsory for political organizations to be fully transparent and accountable for their decisions and actions, allowing citizens to access information regarding candidate selection and party financing.

In Girish Ramchandra Deshpande v. Central Information Commission (2012), entailed ascertaining that personal data of civil servants can be revealed in accordance with the Right to Information Act when it pertains to their official obligations. This ruling yielded a compromise between privacy rights and openness, guaranteeing that public servants can’t resort to confidentiality stipulations to shield information.

The decisions of the court in these instances serve to demonstrate the significance of the Right to Information Act, 2005 in maintaining transparency and accountability in the conduct of public affairs. This key legislation gives individuals the authorization to seek out information from governmental agencies and hold them responsible for their decisions. These precedents have further bolstered the underlying principle of this enactment and will likely be referenced when considering any future cases concerning the right to information.

EXEMPTIONS TO DISCLOSURE UNDER RTI ACT:

The Right to Information (RTI) Act is meant to enhance transparency; however, some types of information remain exempt from disclosure. Such exemptions are based on the need to find a balance between public access to information and the need to keep certain information confidential. These exemptions are as follows:

1. Certain data that could adversely affect a third party’s competitive position, such as commercial confidence, trade secrets, or intellectual property rights will normally be excluded from disclosure. In special cases, however, if sufficient public interest is evident, such information may be released.

2. Information obtained via a fiduciary relationship remains confidential, unless there is a substantial public interest to make it available.

3. Information received from a foreign government in confidence will not be disclosed.

4. Details which may put anyone’s life or physical safety at risk, identify the source of the material, or jeopardize law enforcement or security purposes will be kept confidential.

5. Personal details which do not have any relationship to public activity or interest and which may violate an individual’s privacy must not be shared.

ENFORCEMENT AND PENALTIES UNDER THE RTI ACT:

The Right to Information Act contains sanctions for any public servant who falls short of complying. If an employee disregards your application or imparts incorrect or erroneous information, they may be liable. Rewarding fines is possible for when a Public Information Officer (PIO) refuses to admit an application, does not provide you with the relevant information within the designated time frame, or deliberately obscures a request. If the action of the PIO is perceived to result in the destruction of data that is associated with the application, or if they obstruct the procedure, this would be in violation of the law.

MISUSE AND ABUSE OF RTI ACT:

The Right to Information (RTI) Act furnishes citizens with convincing capabilities, although uneasiness has been expressed concerning its hypothetical misapplication. It is significant to bear in mind that the Act strives to obstruct blackmail and advance openness. It insists on public powers making as much data as could be expected under the circumstances available to the public. Not just does this hinder blackmail yet it likewise shields upright and genuine officials from inappropriate strain.

CONCLUSION:

The Right to Information Act has been a game-changer in terms of how people interact with the state. It allows them to ask questions, inspect administrative records, and make sure that those in power are held to account. By augmenting transparency and holding authorities to account, it stands as a bulwark of democracy. By merely availing of this right, citizens play a crucial part in promoting transparency, curbing corruption, and promoting the confidence of the common people in their government.

REFERENCES:

[1] Roberts, N., & Roberts, A. (2010). A Great and Revolutionary Law? The First Four Years of India’s Right to Information Act. Public Administration Review, 70(6), 925–933.

[2] Dhavan, R. (2005). INFORMATION AND DEMOCRACY IN INDIA. Journal of the Indian Law Institute, 47(3), 295–325.

[3] Saxena, P. (2009). Public Authority and the RTI. Economic and Political Weekly, 44(16), 13–16.