Right to Information Act, 2005

Introduction

In a democracy, an informed citizenry is crucial for the effective functioning of the system. The Right to Information Act recognizes this principle and seeks to establish a practical regime that allows citizens to secure access to information under the control of public authorities. The Act aims to promote transparency and accountability, thereby enabling citizens to hold the government and its agencies accountable for their actions.

The Right to Information Act

The Right to Information Act, 2005, commonly referred to as the RTI Act, is a landmark legislation that empowers citizens of India with the right to access information held by public authorities. This Act is a powerful tool that promotes transparency, accountability, and good governance in the functioning of the government and its instrumentalities. In this article, we will delve into the intricacies of the RTI Act, decoding its various provisions and exploring its significance in a democratic society.

The Need for the RTI Act

Before the enactment of the RTI Act, there was a lack of a comprehensive legal framework that governed the right to information in India. The Official Secrets Act of 1923, which was primarily intended to protect sensitive government information, often hindered the free flow of information to the public. The RTI Act was introduced to address this gap and strike a balance between the need for transparency and the protection of sensitive information.

Key Provisions of the RTI Act

1. Right to Information (Section 3) 

This section establishes the fundamental right of citizens to access information held by public authorities. It states, “Subject to the provisions of this Act, all citizens shall have the right to information.” This right is not absolute and is subject to the exemptions and limitations provided in the Act.

1. Obligations of Public Authorities (Section 4) 

Section 4 outlines the proactive disclosure obligations of public authorities. It requires them to

• Maintain and computerise their records
• Publish specific categories of information within 120 days of the Act’s enactment, including details about their organisation, functions, decision-making processes, relevant rules and regulations, employee directory, budget allocations, and other relevant information
• Update and publish this information annually
• Disseminate information widely and in an easily accessible manner, including through electronic means
• Provide reasons for their administrative or quasi-judicial decisions to affected persons

1. Designation of Public Information Officers (PIOs) (Section 5) 

Every public authority must designate Central/State Public Information Officers (CPIOs/SPIOs) and Central/State Assistant Public Information Officers (CAPIOs/SAPIOs) to handle RTI applications and appeals. PIOs are responsible for receiving requests, facilitating the provision of information or rejecting requests with valid reasons, and assisting applicants as needed.

1. Request for Information (Section 6) 

This section outlines the process for citizens to request information from public authorities. Requests must be made in writing or through electronic means, specifying the details of the information sought, and accompanied by the prescribed fee (if any). The PIO is required to render reasonable assistance to applicants who cannot make written requests.

1. Disposal of Requests (Section 7) 

PIOs must respond to RTI requests as expeditiously as possible, and within 30 days (or 48 hours for information concerning life or liberty). They can either provide the requested information upon payment of applicable fees or reject the request with valid reasons specified in the Act. If the PIO fails to respond within the stipulated time, it is deemed a refusal.

1. Exemptions (Sections 8 and 9) 

The Act provides for certain categories of information that are exempt from disclosure, such as information related to national security, commercial confidentiality, personal privacy, intellectual property rights, and others. Section 8 lists the specific exemptions, while Section 9 allows for the rejection of requests that would infringe on copyrights.

1. Third-Party Information (Section 11) 

If the requested information relates to or has been supplied by a third party, the PIO must follow a specific procedure. This includes giving written notice to the third party, allowing them to make a submission regarding the disclosure, and considering their views before making a decision.

1. Information Commissions (Sections 12-17) 

The Act establishes the Central Information Commission and State Information Commissions to oversee the implementation of the Act, hear appeals, and impose penalties for non-compliance. These bodies have the powers of civil courts for summoning witnesses, requesting records, and conducting inquiries.

1. Appeals and Penalties (Sections 18-20) 

Citizens can file appeals against decisions of PIOs, first to a senior officer within the public authority, and then to the respective Information Commission. The Commissions have the power to order the disclosure of information, impose penalties on PIOs for non-compliance (up to ₹25,000), and recommend disciplinary action against errant officers.

Significance of the RTI Act

1. Empowerment of Citizens 

The RTI Act empowers citizens by granting them the right to access information held by public authorities. This allows individuals to participate more effectively in the decision-making processes that affect their lives and hold the government accountable for its actions.

1. Promotion of Transparency and Accountability 

By mandating the proactive disclosure of information and enabling citizens to seek specific information, the RTI Act promotes transparency in the functioning of public authorities. This, in turn, enhances accountability and deters corruption, as public officials are aware that their actions are subject to public scrutiny.

1. Strengthening Democracy 

An informed citizenry is essential for the proper functioning of a democratic system. The RTI Act facilitates an informed public discourse by enabling citizens to access information, thereby contributing to a stronger and more vibrant democracy.

1. Good Governance 

The RTI Act encourages public authorities to maintain proper records, streamline their decision-making processes, and operate in a more efficient and transparent manner. This contributes to good governance and improves the overall functioning of the government.

Central Information Commission under the Right to Information Act

The Central Information Commission (CIC) is a crucial body established by the Central Government of India to uphold citizens’ right to information. Its primary function is to ensure the effective implementation of the Right to Information Act, 2005, which empowers citizens to seek information from public authorities.

Constitution and Composition

1. The CIC is constituted by the Central Government through a notification in the Official Gazette.
2. It comprises the Chief Information Commissioner and up to ten Information Commissioners.
3. The President of India appoints the Chief Information Commissioner and Information Commissioners based on the recommendations of a committee consisting of the Prime Minister (as the Chairperson), the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

Qualifications and Tenure

1. The Chief Information Commissioner and Information Commissioners must be individuals of eminence in public life with extensive knowledge and experience in fields such as law, science and technology, social service, management, journalism, mass media, or administration and governance.
2. They cannot be Members of Parliament or State Legislatures, hold any other office of profit, be connected with any political party, or carry on any business or profession during their tenure.
3. The Chief Information Commissioner is appointed for a term prescribed by the Central Government and cannot be reappointed. The Information Commissioners are appointed for a term prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.
4. The Chief Information Commissioner and Information Commissioners take an oath or affirmation before the President or a designated person upon assuming office.

Removal and Resignation

1. The Chief Information Commissioner or any Information Commissioner can be removed from office by the President based on proven misbehaviour or incapacity, after an inquiry by the Supreme Court.
2. The President may suspend or prohibit them from attending office during the inquiry.
3. The President can also remove them from office in cases of insolvency, conviction of an offence involving moral turpitude, engaging in paid employment outside their duties, unfitness due to infirmity of mind or body, or acquiring financial or other interests that may affect their functions.
4. The Chief Information Commissioner or Information Commissioners can resign from their office by submitting a written resignation to the President.

Autonomy and Support Staff

1. The general superintendence, direction, and management of the CIC’s affairs vest in the Chief Information Commissioner, who can exercise powers and perform acts autonomously without being subjected to directions by any other authority.
2. The Central Government provides the CIC with necessary officers and employees for the efficient performance of its functions, with their salaries, allowances, and service conditions prescribed by the government.

State Information Commission under the Right to Information Act

The State Information Commission is a statutory body established by each state government to oversee the implementation of the Right to Information Act within its jurisdiction. It is an independent authority that plays a crucial role in ensuring that citizens can exercise their right to access information held by public authorities.

Composition and Appointment 

Each State Information Commission consists of a State Chief Information Commissioner and up to ten State Information Commissioners. These individuals are appointed by the Governor of the state on the recommendation of a committee comprising the Chief Minister, the Leader of the Opposition, and a cabinet minister nominated by the Chief Minister.

The members of the State Information Commission are selected from among individuals of eminence in various fields, such as law, science and technology, social service, management, journalism, mass media, or administration and governance. They are expected to have wide knowledge and experience, ensuring that the Commission can effectively address diverse information requests.

Powers and Functions 

The State Information Commission has several important powers and functions under the Right to Information Act

1. Receiving and inquiring into complaints from individuals who have been denied access to information or have not received a response from public authorities within the prescribed time frame.
2. Imposing penalties on Public Information Officers (PIOs) who have denied information without reasonable cause or have failed to comply with the provisions of the Act.
3. Monitoring and reporting on the implementation of the Right to Information Act within the state.
4. Making recommendations to the state government for reforms to improve the administration and implementation of the Act.
5. Exercising general superintendence, direction, and management of the affairs of the Commission, ensuring its autonomous functioning.

Tenure and Removal 

The State Chief Information Commissioner and State Information Commissioners hold office for a term prescribed by the Central Government, and they are not eligible for reappointment. However, their tenure cannot extend beyond the age of 65 years.

Provisions are in place for the removal of the State Chief Information Commissioner or State Information Commissioners on grounds such as proved misbehaviour, incapacity, insolvency, conviction for moral turpitude, engagement in paid employment outside their duties, or acquisition of financial or other interests that may prejudice their functions.

Conclusion

The Right to Information Act is a powerful tool that has transformed the relationship between citizens and the government in India. By enabling access to information, the Act has empowered citizens, promoted transparency and accountability, and strengthened the foundations of democracy. However, its effective implementation requires continued efforts from both the government and citizens, including capacity building, fostering a culture of transparency, protecting whistleblowers, and addressing challenges related to timely disposal of appeals and interpretation of exemptions.