Right To Information (Draft)
1. What is the Right to Information (RTI)?
The Right to Information (RTI) is a fundamental right of every citizen of India, derived from Article 19(1)(a) of the Constitution, which guarantees the freedom of speech and expression. The RTI Act, 2005, is the law that provides a practical framework for citizens to access information held by public authorities.
In simple terms, the RTI Act empowers citizens to ask questions to the government and its various agencies and get a timely response. The core objective of this Act is to promote transparency and accountability in the working of every public authority, reduce corruption, and make our democracy truly work for the people. It establishes that citizens are the true owners of information, and the government and its bodies are merely custodians of that information on behalf of the people.
2. Historical Background of the RTI Act, 2005?
The journey to enact a comprehensive right to information law in India was long and driven by grassroots movements and judicial pronouncements.
Global Precedent: Sweden was the first country to introduce a right to information law in 1766. Over time, many democracies adopted similar laws, recognizing transparency as a key feature of good governance.
Judicial Support in India: The Supreme Court of India, in several landmark judgments, recognized that the right to information is an integral part of the fundamental right to freedom of speech and expression. In the case of State of U.P. vs. Raj Narain (1975), the Court ruled that the people have a right to know about the functioning of the government.
Grassroots Movements: A significant push came from a powerful social movement led by the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan in the early 1990s. They demanded information on development works, which exposed deep-rooted corruption and led to the concept of social audits.
Precursor Legislation: The growing demand led the central government to pass the Freedom of Information Act, 2002. However, this Act was weak and was never fully brought into force.
Enactment of RTI Act, 2005: Following widespread consultations and pressure from civil society, the United Progressive Alliance (UPA) government introduced a new, more robust bill in Parliament. The Right to Information Act was passed in 2005 and came into full force on October 12, 2005.
3. Who Can File an RTI Application?
Any citizen of India can file an RTI application. The Act is very clear on this.
There is no restriction based on age, gender, religion, or location.
The applicant is not required to give any reason for requesting the information or any other personal details except those necessary for contacting them (i.e., name and address).
4. Grounds for Filing an RTI
An RTI can be filed to obtain any information that is held by or is under the control of a "public authority" and is not exempted from disclosure under the Act. The term 'information' is defined very broadly and includes:
Records, documents, memos, e-mails, opinions, and advice.
Press releases, circulars, orders, and logbooks.
Contracts, reports, papers, and data material held in any electronic form.
Information relating to any private body which can be accessed by a public authority under any other law.
Furthermore, a citizen has the right to:
Inspect work, documents, and records.
Take notes, extracts, or certified copies of documents or records.
Take certified samples of material.
Obtain information in the form of diskettes, floppies, tapes, or any other electronic mode.
5. Importance of the RTI Act
The RTI Act is a landmark legislation that has had a profound impact on Indian governance. Its importance lies in:
Empowering Citizens: It has shifted the power dynamic, making citizens active participants in the governance process rather than passive recipients of government services.
Promoting Transparency and Accountability: It forces government bodies to operate in a more open manner, as they know their decisions and actions are subject to public scrutiny.
Curbing Corruption: It is one of the most effective tools to expose corruption, nepotism, and misuse of power. For example, citizens have used RTI to uncover scams in public schemes, verify expenditure on public works, and expose irregularities in appointments.
Making Democracy Work for the People: By ensuring informed citizenry, the Act helps people make better choices and hold their elected representatives and government officials accountable.
Improving Public Service Delivery: Citizens can file RTIs to know the status of their applications (e.g., passport, ration card), find out reasons for delays in services, and demand resolution.
Detailed Explanation of Key Sections
Section 8: Exemption from Disclosure of Information
This is one of the most critical and often-cited sections of the Act. It lists the categories of information that are exempt from being disclosed to a citizen. A Public Information Officer (PIO) can refuse to provide information if it falls under one of these clauses. However, even for these exemptions, there is a crucial override: if the public interest in disclosure outweighs the harm to the protected interests, the information must be disclosed.
The key exemptions under Section 8(1) are:
Clause (a): Information that would harm the sovereignty, integrity, security, strategic, scientific, or economic interests of India, or its relations with foreign states.
Clause (b): Information that has been forbidden to be published by any court of law or tribunal.
Clause (c): Information that would cause a breach of privilege of Parliament or a State Legislature.
Clause (d): Information including commercial confidence, trade secrets, or intellectual property, the disclosure of which would harm the competitive position of a third party. (This is often used to deny information about private companies involved in government contracts).
Clause (e): Information available to a person in their fiduciary relationship (a relationship of trust, like a doctor-patient or lawyer-client relationship).
Clause (f): Information received in confidence from a foreign government.
Clause (g): Information that would endanger the life or physical safety of any person or identify the source of information given in confidence for law enforcement.
Clause (h): Information that would impede the process of investigation, apprehension, or prosecution of offenders.
Clause (i): Cabinet papers, including records of deliberations of the Council of Ministers, Secretaries, and other officers. However, once a decision is made and the matter is complete, the decisions and the reasons for them shall be made public.
Clause (j): Personal information which has no relationship to any public activity or interest, or which would cause an unwarranted invasion of the privacy of an individual.
Important Proviso: Most of these exemptions are not absolute. The PIO must apply the "public interest test" and state why the harm from disclosure is greater than the benefit.
Section 9: Grounds for Rejection to Access in Certain Cases
Section 9 is a very specific and less commonly used ground for rejection compared to Section 8. It states that a PIO may reject a request for information where its disclosure would involve an infringement of copyright subsisting in a person other than the State.
Explanation: This section primarily deals with copyright protection. If a public authority holds a document (e.g., a research paper, a book, or a software program) for which the copyright is held by a private person or company, the public authority cannot simply provide a copy of it to an applicant, as that would violate the copyright holder's rights.
In Simple Terms: The government cannot give you a copy of something it doesn't own the copyright to. For example, if a government department has purchased a licensed copy of a privately developed software, it cannot give you a copy of that software's source code under RTI, as it would infringe the developer's copyright.
Section 6(3): Transfer of an Application
This is a procedural section designed to help the citizens. It ensures that an applicant does not get penalized for sending their RTI application to the wrong public authority.
Scenario: A citizen sends an RTI application to Department A, but the information they are seeking is actually held by Department B.
What the Law Says: Under Section 6(3), when a PIO receives an application for information that is more closely connected with the functions of another public authority, the PIO must transfer the application to that other authority.
The Process and Timeline:
The PIO of Department A must transfer the application (or the relevant part of it) to the PIO of Department B.
This transfer must be done as soon as possible, and in any case, not later than five days from the date of receiving the application.
The PIO of Department A must immediately inform the applicant that their application has been transferred to Department B.Effect on Time Limit: The 30-day period for providing the information will start from the date the application is received by the correct authority (Department B). This section places the responsibility on the government officials to route the application correctly, rather than on the citizen to know the exact internal structure of the government.