Chapter 20
THE RIGHT TO INFORMATION ACT 2005
Right to Information is an act of the Parliament of India which sets out
the rules and procedures regarding citizens' right to information.
❖ It consist of the important definitions of the following terms:
▪ Public authority
▪ Appropriate government
▪ Competent authority
▪ Information
▪ Information commission
▪ Public information officer
▪ Assistant public information officer
▪ Record
▪ Right to information
▪ Third party
▪ Third party information
1. Public Authority
A "public authority" refers to any authority or body established by the
Constitution of India, any law made by Parliament or state legislature, or
any government notification. This includes government departments, public
sector undertakings, and organizations that are substantially funded by the
government.
2. Appropriate Government
The term "appropriate government" refers to the authority responsible for
administering the law in question.
For example:
The Central Government for central public authorities.
The State Government for state-level public authorities.
3. Competent Authority
A "competent authority" is the authority empowered to make decisions or
take actions under a specific law or regulation. In the RTI Act, it could
include entities like the Chief Justice of a High Court or other prescribed
officials for certain organizations.
4. Information
"Information" includes any material in any form, such as records,
documents, memos, emails, opinions, advice, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, or data held
in electronic form.
5. Information Commission
The "Information Commission" refers to an independent body established
under the RTI Act. It could be:
The Central Information Commission for central authorities.
The State Information Commission for state authorities.
These commissions oversee the implementation of the RTI Act and handle
appeals and complaints.
6. Public Information Officer (PIO)
A "Public Information Officer" is a designated officer within a public
authority responsible for providing information to citizens requesting it
under the RTI Act.
7. Assistant Public Information Officer (APIO)
An "Assistant Public Information Officer" assists the PIO and serves as a
receiving point for RTI applications and appeals. The APIO forwards these
to the relevant PIO or appellate authority.
8. Record
A "record" includes any document, manuscript, file, or other material
related to public functions and decision-making. It may also include digital
or electronic records maintained by a public authority.
9. Right to Information (RTI)
The "Right to Information" is the right of every citizen to access information
held by or under the control of public authorities. It includes inspection,
obtaining certified copies, or taking samples of information.
10. Third Party
A "third party" refers to any individual, private organization, or entity other
than the applicant requesting information and the public authority holding
the information.
11. Third Party Information
"Third party information" refers to information provided by a third party to a
public authority or information about a third party held by the public
authority. The disclosure of such information requires the consent of the
third party, except under conditions specified by the RTI Act.
Objectives of the Act
❖ To empower the citizens and to promote transparency in dealing
with public authority.
❖ To create proper accountability in the working of the Government.
❖ To make democracy work for the people and keep away corruption
from society.
❖ To keep necessary vigil on the instruments of governance.
❖ To inform the activities of the Government correctly to the citizens
of the country.
Scope of the Act
❖ It covers the whole India
❖ It covers government and Non-government organizations financed
by the government. directly or
indirectly.
❖ It makes the citizen a part of the decision making process of the
government.
❖ Because of the Act there is a transparency in every dealing of the
Govt.
❖ It creates administrative responsiveness and hence strengthens
democracy.
❖ Every citizen can request for any information, take copies of
documents, inspects documents,
and obtain information in the form of print outs, diskettes, floppies etc.
Important features of the RTI Act 2005
➢ All citizens possess the right to information
➢ The term information includes any mode of information in any
form.
➢ It covers inspection of work, records, documents, and its certified
copy and information in any form.
➢ Applicant can obtain information within 30 days .
➢ If it is a matter of life or liberty of person information can obtain
within 48 hours.
➢ Every public authority is under obligation to provide information on
written request on request
in electronic form.
➢ Appeal against decision of the central or state information
commission can be made to an officer senior in rank.
➢ Penalty for refusal to receive an application for information or not
providing information is Rs.250/day but total amount should not
exceed Rs. 25000.
➢ Central and state information commission are to be constituted by
the central govt and the respective state governments.
➢ No court can entertain any suit , application or other proceedings
in respect of any order made under the Act.
Rights of the citizens under the Act
➢ Request any information(as defined)
➢ Take copies of the documents
➢ Inspects documents, works and records ➢ Take certified samples
of materials of work
➢ Obtain information in any form.
Obligations of public authorities
1. Maintenance of records
2. Computerization of records
3. Proactive disclosure of information
SUO-MOTO DISCLOSURE (sec 4)
Suo Moto, meaning "on its own motion" is an Indian legal term, Certain
instructions have been drawn up by the Government to make sure that the
public departments/ministries make Suo Moto disclosure of information.
Authorities under the Act
➢ The Central Information Commission(sec 12 and 13)
➢ The State Information Commission(sec 15 and 16)
