The preamble to the RTI Act that was passed in 2005 mentions the following reasons for its enactment:
¤ An informed citizenry and transparency of information are vital to the functioning of a democracy.
¤ They are also necessary to contain corruption and to hold Governments and their
instrumentalities accountable to the governed (people).
¤ In actual practice, revelation of information is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information.
¤ It is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal.
We will now briefly outline the main provisions of the RTI Act.
Information
RTI Act is all about providing information with public authorities to people. According to RTI Act, information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models and data/material held in any electronic form. It also includes information relating to any private body which can be accessed by a public authority under any other law.
The key concepts of the Act are the following:
¤ Transparency and accountability in the working of every public authority.
¤ The right of any Indian citizen to seek information and the corresponding duty of government to provide it except for the exempted information. As we shall see below, RTI Act permits certain information of a secret and sensitive nature to be kept outside the public domain. However, it casts a duty on the government to pro-actively make available key information to all.
¤ RTI Act places a responsibility for its implementation on all sections of society–citizenry, NGOs and Media.
Disclosure
¤ The Act shifts the debate on governance from what should be revealed to public to what must be kept secret from it. The Act reflects the strength of Indian democracy.
¤ The Central Information Commission can require every public authority to “publish certain information or categories of information” under the Act. Should the public authority not comply, the Commission can use its power to impose any of the penalties provided under the Act.
Obligations
First,every public authority has to maintain all its records duly catalogued and indexed in a manner and form which facilitates the right to information. Secondly, it has to ensure that all records which can be computerized are put into electronic form within a reasonable time and subject to availability of resources. Thirdly, computerized information should be connected through a network all over thecountry on different systems to facilitateeasy access.
Definition of Public Authority under RTI Act
Any law generally casts duties on certain officials and organizations and confers rights on individuals or classes of individuals. Both these groups have to be defined in the law. Otherwise, confusion can arise in courts which have to interpret the laws. We need not get into the legal technicalities of the matter. However, we need to know broadly: (a) who the information providers are; (b) what types of information they can provide; (c) what types of information they can withhold; and (d) how one can access information.
Under RTI Act, public authorities have to provide information. The term ‘public authority’ is given a wide connotation. ‘Public authority’ means any authority or body or institution of self- government established or constituted–
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government, and includes any
(i) body owned, controlled or substantially financed by the appropriate Government;
(ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government.
In the above definition, (a) refers to constitutional bodies or institutions mentioned in the constitution. For instance, the Election commission is covered by (a). The statutory bodies set up under a central law are included in (b). For example, Central Electricity Regulatory Commission is covered in (b). Statutory bodies formed under State laws are covered in (c). For example, Gujarat Infrastructure Development Board will be covered in (c). All government departments and agencies arecovered in (d) (i).Technicallyspeaking,(d) coversagenciescreatedundergovernment’sexecutive
orders. These orders are printed in the official gazette – a process known as notification. Planning Commission is a textbook example of an institution created under an executive order. Finally, RTI Act covers non official agencies which receive substantial funding from government.
Central Information Commission (CIC)
RTI Act entrusts the Central Information Commission (CIC) with the responsibility of monitoring the implementation of the Act. CIC prepares a yearly report on the implementation of the RTI Act. State Information Commissions (SICs) perform similar functions at State level.
Content of Right to Information
As part of the right to information, one can
(i) inspect works, documents and records
(ii) take notes, extracts or certified copies of documents or records
(iii) take certified samples of material
(iv) obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronicmode.
For supply of information, the Act creates elaborate machinery. It consists of Public Information Officers, Assistant Public Information Officers, Departmental Appellate Authorities, independent Central Information Commission (CIC) and independent State Information Commissions.
Processes
¤ Applications can be submitted in writing or electronically, with prescribed fee, to Public Information Officer (PIO) of a department or agency.
¤ PIO is authorized to receive requests and provide information. At sub-district level, Assistant PIO receives applications/appeals/ complaints. Where necessary, he sends them to the concerned PIOs. Serving departmental/agency officers are designated as PIOs/APIOs. They are not new appointees.
¤ The Act specifies time limits for furnishing information in different types of cases. The time limit for supplying information in ordinary cases is 30 days. Where matters of life or liberty are in question, information has to be given in 48 hours. The time limit is 35 days where request is made to APIO, 40 days where a third party is involved and 45 days for human rights violation information from specified security/ intelligence agencies.
¤ If no action is taken on an application for 30 days, it is deemed that the information has been refused.
Information Exempted from Disclosure
The following matters are exempt from disclosure:
¤ Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relations with foreign States or lead to incitement of an offence.
¤ Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.
¤ Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature.
¤ Information including commercial confidence, trade secrets or intellectual property, the disclosureof whichwouldharmthe competitiveposition of a thirdparty,unlessthe competent authority is satisfied that larger public interest warrants the disclosure of suchinformation.
¤ Information available to a personin his fiduciary relationship,unlessthecompetent authority is satisfied that the larger public interest warrants the disclosure of such information.
¤ Information received in confidence from foreign Government.
¤ Information which would impede the process of investigation or apprehension or prosecution of offenders.
¤ Cabinet papers including records of deliberations of the Council of Ministers, Secretaries
and other officers.
¤ Informationwhichrelates to personal information,the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual; or which infringes a copyright.
¤ Where practicable, part of the record can be released.
¤ Intelligence and security agencies are exempt from RTI Act except in cases involving corruption and human rights violation.
¤ Third party information can be released after giving notice to the concerned third party.
¤ Most exempt information (with some exceptions) can be released after 20 years.
¤ Information, which cannot be denied to the Parliament or a State Legislature, shall not be denied to any person.
¤ The Act contains an overriding provision that notwithstanding anything in the Official Secrets Act, 1923 or any of the above exemptions, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
Complaints can be made to the CIC which is an autonomous body set up to inquire into complaints received from citizens. The complaints can cover:
¤ Refusal of access to information.
¤ Improper handling by the public authority of request for information like failure to respond to request within the time limit or failure to explain reasons for extending the time limit or failure to give proper advice and help within the stipulated time.
¤ Failure to give information in the form or manner sought.
¤ Failure to properly explain reasons for refusing information.
Information Commission can impose on a PIO or an officer asked to assist PIO a fine of Rs. 250 per day and up to Rs. 25,000 for unreasonable delay. It can impose fine up to Rs. 25,000 for
illegitimaterefusal to accept application,malafidedenial,knowinglyprovidingfalseinformationand destruction of information. The commission can recommend departmental action for persistent or serious violations. However, there is no criminal liability under RTI Act. It also provides immunity from legal action for action taken in good faith.
The Act provides universalaccess, especially to the poor, with a low fee. There is no fee for people below the poverty line. APIOs at sub-district levels are to help people in filing of applications/ appeals. People will be helped in reducing their oral requests to writing. There is provision to provide all required assistance, including to disabled persons. The information is provided in local languages when necessary. There is no need to specify reasons for seeking information or to furnish personal details other than those necessary for correspondence.
Responsibilities of Public Authorities
Public authorities have to take the following actions.
¤ Appointing PIOs/Assistant PIOs within 100 days of enactment of the RTI legislation.
¤ Maintaining, cataloguing, indexing, computerising and networking records.
¤ Publishingwithin120 daysof enactment a wholeset ofinformationandupdatingit everyyear.
¤ Publishing all relevant facts while formulating important policies or announcing the decisions which affect public.
¤ Providing reasons for their administrative or quasi judicial decisions to affected persons.
¤ Providing information suomoto by placing it on internet.
¤ Providing information to Information Commission.
¤ Raising awareness, educating and training.
¤ Compiling in 18 months and updating regularly in local language guide to information.
Public Awareness and Educational Programmes
These seek to:
¤ Develop and organizeeducational programmes to advancethe understanding of thepublic, particularly the disadvantaged, to exercise right to information.
¤ Encourage public authorities to participate in programmes; promote timely/ effective dissemination of accurate information on theiractivities.