Right to Information

The Right to Information (RTI) Act was enacted in 2005 by the Indian Parliament. The act aims to empower the citizens, and it is an aspect of the Indian Constitution’s Article 19 (1) (a). Under the Act, Indians can get information from the government in a systematic, time-constrained, and hassle-free way. 

The information can be in any form; for example, a record, document, email, circular, press release, report, paper, sample, data available in electronic form, etc. It further aims to reduce corruption by promoting transparency and making the citizens more aware. 

The Right to Information Act

The Indian Parliament passed the Right to Information Act on 12 May 2005. It gained Presidential assent on 15 June 2005. Before the act, only eight states and one union territory had the right to information laws. Along with Central Government’s Public authorities, the Right to Information Act also covers all State and local level public authorities. 

However, Jammu and Kashmir are not included because of their special status at the time of the formation of the act. The Right to Information Act 2005 allows people to ask valid questions from the central government enabling accountability and more transparency in the system. The Right to Information Act substituted the Freedom of Information Act, 2002.  

Article 19 (1) in the Constitution states that every Indian citizen is entitled to the freedom of speech and expression. The Right to Information Act in India is treated as a human right which is why it is included in Article 19(1)(a). The act gives the same power to a citizen and an elected representative. 

Features of RTI Act 2005

• Candidates can seek information from any government or organisation owned, controlled, or financed by the State or Central government, for example, Panchayati Raj.

• One official is designated as a Public Information Officer to accept the applications under the Right to Information Act 2005 and deliver information.

• Assistant Publication officers receive the applications and send the requests to designated officials.

• According to Section 7 (4), in the cases where the applicant is deaf, blind, or impaired, the public officer has to allow access to all the important information.

• Each citizen seeking information has to file an application electronically or in writing. 

• The language of the application can be Hindi or English.

RTI History

In 1994, Mazdoor Kisan Shakti Sangathan (MKSS), a people’s organisation, supported and backed labourers in Rajasthan when they were refused wages. MKSS, founded by Aruna Roy, fought for the labourers and demanded equal and fair pay.

In their protests, they demanded bill copies, vouchers, and names of the people who were paid wages as mentioned in the master rolls on the construction of schools, dispensaries, and small dams. Villagers knew that the officials were lying about funds as schools were roofless, dispensaries were without walls, and dams were incomplete.

After some years, the incident brought to light the corruption existing among the officials. As a result, MKSS organised the ‘Jan Sunvai’ (People’s hearing), one of its kind in Rajasthan. The incident marked the start of the struggle for the Right to Information. After that, several Jan Sunvais were held. 

Later on, the Press Council of India prepared a draft bill in 1996 known as the Right to Information Bill, 1996. Several protests broke out and reached different States and Cities. 

Hence, Hyderabad’s Institute of Rural Development also prepared a bill in 1997. Further, the government appointed a working group on 2 January 1997 that recommended that legislation is important. The working group suggested the bill’s name as the Freedom of Information Bill. 

Right to Information as Started in Different States

Rajasthan

With several efforts of MKSS, RTI was passed in Rajasthan in 1995. It enabled citizens to ask for the expenditure details on the work that has been completed in the last five years. The documents received could be photocopied to be used in the future. However, the law of 1995 was informal, and the existing law was passed in 2000.

Tamil Nadu

The Right To Information Act was introduced in Tamil Nadu in 1996. Modelled on the draft legislation, the Press Council of India recommended the bill. 

Goa

Following Tamil Nadu and Rajasthan, the Legislative Assembly of Goa enacted the Right to Information legislation in 1997.

Madhya Pradesh

Madhya Pradesh’s then Chief Minister introduced the RTI bill in 1998, but it did not get the presidential assent. The government again introduced the bill in 2003, and it was approved this time. 

Karnataka

The Right To Information act in Karnataka was passed in 2000. 

Delhi

In Delhi, the RTI Act was passed and received consent in 2001.

All the state laws were scrapped after the Right to Information act entirely came into force on 12 October 2005. 

Conclusion

The Right to Information Act in India lets citizens have insights into the functioning of the government. A citizen can demand any information, for example, information on driving licence and passport, or details on any infrastructure project. 

RTI act also lets citizens seek information on the various relief funds developed by the government. Under this act, students can also get the answer sheets from universities. 

However, there is some information that is exempted from the RTI act. Exemptions are information related to internal security, foreign relations, Cabinet discussions, and intellectual property rights.