Right to Information: Process of Filing an RTI and Information Exclusion under the RTI Act

The Right to Information (RTI) Act, 2005 is an act put forward by the Parliament of India to follow proper procedures and a set of rules to receive information related to the public administration and governance. According to the RTI Act, the public authority is required to disclose the required information to the petitioner within 30 days. This act provides all the citizens of India with the liberty to seek information regarding public laws and regulations. It allows public authorities to present the public with credible information.

Information Exclusions Under the RTI Act

Under the RTI Act, public authorities must maintain an online record of all relevant information and records that the public can access easily. Under the provisions of this act, they will not have to wait long to attain the required information.

However, it must be kept in mind that the act has been divided into two major parts. Under normal circumstances, confidential government information cannot be disclosed to the general public.

Certain powerful government bodies and authorities have been exempted from disclosing their information to the general public under sections 8, 9, and 24 of the RTI Act, 2005.

While the first part deals with exemptions from providing certain confidential government information, the second part of the RTI Act deals with the assessment regarding the provision of certain colonial laws, such as the Civil Services Code as well as the Official Secrets Act due to its incompatibility with the Right to Information Act, 2005.

For exempting the provision of certain information to the general public, some notable international documents signed by India are:

• The Universal Declaration of Human Rights from Article 12
• International Covenant on Civil and Political Rights from Article 14

Information exclusion under the RTI Act according to Section 8 are as follows:

1. The citizens of India are liable to seek information regarding any government or public authority except when it contains information in the following circumstances:

1. Information that would play a direct role in breaching the nation’s security and integrity;
2. Information that is forbidden to be disclosed by the court or law;
3. Information that would breach the privilege of the state legislature or Supreme Court;
4. Information related to confidential trade relations within the nation or international agencies;
5. Information related to confidential news from foreign nations;
6. Information that would, in any manner or circumstance, harm the safety of an individual.

1. Despite the Official Secrets Act, 1923, general citizens or residents can gather information regarding the public authorities if the information outweighs any breach of the mentioned secrets.
2. Under the clauses (a), (c), and (i) from Section 6, the general public is liable to gather information on any incident that may have occurred twenty years before the date of request.

Central Information Commission

The RTI Act led to the formation of a statutory council for addressing the issues of citizens who were unable to gain access to information from the Central Public Information Officer or State Public Information Officer.

The reasons for such reservation may be due to late appointments or the officers’ refusal to accept the petition made by the individual. Hence, to address such issues, the statutory body of the Central Information Commission was set up in the year 2005 under the Right to Information Act. 

The commission body constitutes a Chief Information Commissioner and about ten Information Commissioners who are all appointed by the President of India with proper consultation with the Prime Minister, the Leader of Opposition, and a Union Cabinet Minister who is appointed by the Prime Minister. 

Public Information Officer

The Public Information Officer (PIO) is appointed in various units and public offices to provide relevant information sought by Indian individuals. All the officers must disclose any information asked by the public within the boundaries and jurisdiction of Section 8 of the RTI Act.

The following are the duties of a Public Information Officer:

1. The PIO shall record the information being sought by an individual in proper writing.
2. Suppose the information is sought by an individual who deals with another public office. In such cases, proper notice shall be sent to the concerned office, and the information shall be provided within five days.
3. The PIO is allowed to seek assistance from other PIOs.
4. The information sought by an individual must be provided to them under the notice of 30 days or, in case of decline under the breach of Section 8 of the RTI Act, the individual must be informed within 30 days.
5. In situations of life and death, the information sought by an individual must be provided to them within 48 hours.
6. In case of decline for the provision of information, the PIO is liable to communicate with the individual and provide them with legitimate reasons for the same.

Conclusion

The Right to Information Act provides Indian citizens with credible resources to access government authorities, public bodies, and services through proper channels and procedures.

The RTI Act, 2005 led to the establishment of the Central Information Commission, a statutory body and council that looks into the matter of the provision of information and the fact that credible information is being provided to the individuals seeking records and information.