Introduction To RTI
Synopsis –
Introduction
History
Objective
Preamble
Obligation of public Authority
Introduction
In 1976 in the case of Raj Narayan vs state of UP Justice KK Mathew (SC) ruled
that Right to information is treated as a Fundamental right under article 19(1).
RTI mandate timely response to citizen requests for government information.
RTI bill is passed in Lok Sabha on 11th may 2005 and comes into force on 12
October 2005.
First RTI filled by Shahid Raza Burney to a police station of Pune.
RTI empowers every citizen to seek any information from the government, Public
Officer and Public Authority.
confidential information are not provided to public under RTI (which is discussed
under - Official Secret Act 1923)
Every year, around 6 million applications are filed under the RTI act, making it the
most extensively used sunshine legislation globally
History
RTI Act 2005 replaced Freedom of Information Act 2002
first RTI Law was developed by Sweden in 1766
In India Tamil Nadu become the 1st state to make RTI laws in 1997
The idea of RTI in India was floated by the former PM V.P Singh in 1990
Objective
To promotes transparency and accountability.
Empower the citizen
To inspect any government work and documents
To contain corruption in the government
To develop an informed citizenry
Preamble and RTI
Democracy requires an informed citizenry and transparency of information which
are vital to its functioning and also contain corruption and to hold governments and
their instrumentalities accountable to the government.
Obligation of public authority sec (3 to 11)
Sec-3: - All citizen shall have right to information.
- The right is available to citizen of India
- NRI can also file RTI but in special cases only (added by new amend)
Sec-4: - Obligation of Public Authorities
It requires Suo moto disclosure of information by each public authority. However,
such disclosures have remained less than satisfactory.
Sec- 5: - Designation of public information officers (PIO)
Two types of PIO
APIO (Assistant public information officer)
PIO (state PIO and Central PIO)
Both state PIO and central PIO will be responsible for giving
information to the Applicant who files RTI Application.
Sec- 6: - Manner of filling RTI/ Manner of making application to APIO and PIO
A person who desires to obtain any information under the
act, he can make a request or application either in writing
or electronic form (typed format) in English, Hindi or any
official language of such area.
Must pay 10rs as fee (fee vary from state and condition).
There is no fee for people below poverty line.
Applicant shall not be required to give reason for
requesting the information.
Applicant not need to give personal detail. (Only necessary
detail for contacting him.
Sec-7: - Disposal of Request
APIO – must give the information max- 35 days {30 + 5 days as per sec 5(2)}
PIO – max 30 days (After the receiving of request)
life and liberty- matter-maximum time limit is 48 hours
If application is rejected, then APIO and PIO have to give suitable reason for
rejection of application
When the PIO and APIO give no reply after the lapse of time
When an applicant is not satisfied with the reply of the request
In these 3 condition applicants has a right to appeal under section 19
Sec 8:- Exemption from disclosure of information under RTI
1) Mentions exemptions from disclosure of information under RTI act.
a) which would prejudicially affect the sovereignty and integrity of India
b) Forbidden to be published by any court of law and tribunal.
c) Breach of privilege of parliament or the state legislature.
d) Commercial confidence, trade secret, intellectual property. (Disclosure would harm
3rd party)
e) Information available to a person in his fiduciary relationship.
f) Information received in confidence from foreign government.
g) Endanger the life or physical safety of any person.
h) information which would impede the process of investigation, apprehension or
prosecution of offender.
i) Cabinet paper
j) Personal information ( not related to any public activity or interest)
2) The official secret Act 1923: sec 5 of this act prohibits the disclosure of information of
any information which the government consider to be confidential.
3)
Sec- 9 Ground for Rejection
Without prejudice to the provision of sec 8, CPIO and SPIO may be or may reject a
request for information where such a request for providing would involve an
infringement of copyright subsisting in a person other than state.
Sec-10: Severability
Severability refers to the process of separating exempted information from non-
exempted information in a requested record. This means that if a record contains both
exempted and non- exempted information, the public authority must offer access to the
non-exempted information and sever the exempted information before granting access
to the applicant.
Sec-11: Third party information
Sec 11 of the Act provides the procedure of disclosure of ‘third party’ information.
According to it, if a Public Information Officer (PIO) intends to disclose information or
record relates to a third party and has been treated as confidential by that third party,
the PIO within 5 days from the receipt of the request, the PIO before taking a decision to
disclose the information shall give written notice to such third party of request, shall
invite the third party to make a submission in writing or orally, regarding whether the
information should be disclosed. Such submission of the third party shall be kept in view
while taking a decision about the disclosure of information.
The third party within 10 days from the date of receipt of such notice, be given the
opportunity to make representation against the proposed disclosure. The PIO within 40
days after receipt of the request, make a decision as to whether or not to disclose the
information or record or part thereof related to the third party and give in writing the
notice of his decision to the third party. The PIO cannot disclose such information unless
the procedure prescribed in Section 11 is completed.
