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Learn Everything Related To Right To Information Act Of 2005

The right to information is a fundamental right stated under article 19(1) of the Indian Constitution. In the early 1976 SC, in the case of Raj Narayan Singh v. the State of UP, said that India is a democratic country and people should have the right to express and also to know where their tax money is going. The honourable court laid down this principle that RTI should be a part of fundamental rights. On Oct 13, 2005, RTI Act 2005 was enacted and implemented. This Act lays down the principle about how to apply the right to information. Let us learn about the Right to Information Act of 2005, objectives of the RTI Act and provisions under the Right to Information Act, 2005.

RIGHTS AVAILABLE UNDER THE RIGHT TO INFORMATION ACT OF 2005

This Act lays down the rules and rights which are available for the people. Below is the list of types of information that can be requested with the help of the Right to Information. 

  • It empowers citizens of India to ask any question or seek information from the Government of India.
  • It empowers them to ask for copies of any legal government document.
  • It empowers the citizens to inspect any of the Indian Government’s legal documents.
  • It empowers them to inspect any of the official government work
  • It empowers the citizen to take a sample or demo of any Indian government work.

PRIVATE BODIES UNDER THE RIGHT TO INFORMATION ACT OF 2005

Any private body which is partly owned, substantially financed, or controlled by the Indian Government comes under the ambit of this Act. Also, other bodies are indirectly a part of this Act. It means that if the Indian Government has access to the documents of any private body, then the same applies to the citizens under the Right to Information Act of 2005.  

WHAT INFORMATION CAN BE REJECTED UNDER THE RIGHT TO INFORMATION ACT OF 2005?

There are eleven subjects as per section 8 of the RTI Act, 2005, which can be refused. This includes information that breaches the scientific, security, and economic interest of the country, expressly forbidden contents by the court, breach of privilege of legislature bodies, trade secrets and commercial confidence, foreign government records in confidence, etc. 

And also, there is a list of 18 agencies in the second schedule of the RTI Act, 2005 where this right to information doesn’t apply, like Intelligence Bureau, Aviation research, NCB, etc. 

Provisions Under The Right To Information Act, 2005

  • This Act gives citizens the power to question the Indian Government.
  • This Act helps to keep a check on corruption and helps them work in a good and better approach.
  • This RTI act promotes accountability and transparency in the work of the Indian Government.
  • It promotes better information in citizens and also makes the government function better.

Provisions under the Right to Information Act, 2005

  • Section 2(h) of the RTI Act, 2005- Here states that public authorities include all the authorities under union, state, and local Government. All the civil society bodies which are funded indirectly or directly by the government funds come under the umbrella of the RTI act. 
  • Section 4(1) (b) of the Act- The Government of India has to actively maintain and disclose the information under the Right to Information.
  • Section 6 of the Act- It prescribes a basic procedure about how to secure information
  • Section 7 of the Act- Prescribes the timing in which the PIOs provide and disclose information. 
  • Section 8 of the Act- states that only a minimum amount of information is excluded from RTI disclosure.
  • Section 8 (1) of the Act- Mentions all the exemptions against taking information under this Act.
  • Section 8(2) of the Act- This states the disclosure of all that information that has been exempted under the OSA (Official Secrets Act), 1923. 
  • Section 19 of the Act- It talks about the two-tier mechanism in the case of appeal.
  • Section 20 of the Act- It talks about the penalties in the case where the information was incorrect, not on time, distorted, and misleading. 
  • Section 23 of the Act- Here, for the cases of RTI, lower courts of the judiciary are barred. Writ jurisdiction remains for the Supreme Court and High Courts under Art 32 and 226 of the Constitution of India. 

Conclusion

Here in this article, we talk about the Right to Information Act of 2005, its origins, and the rights available under this Act. Also, we get to know about the information which can be rejected as per the RTI Act, the Act’s objective, and important provisions. Through this, we understand the importance of this Act in laying down the principle on the Right to Information under Article 19 (1) of the Constitution of India. 

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Frequently Asked Questions

Get answers to the most common queries related to the NDA Examination Preparation.

When did the Right to Information Act come into force?

Ans :The Right to Information Act came into force on Oct 12, 2005. And also, before the central Gov...Read full

What is the meaning of RTI?

Ans : RTI is the abbreviated form for Right to Information and is a fundamental right stated under ...Read full

If the Right to Information is a fundamental right, then what is the need for one full Act for the same?

Ans :The Right to Information Act of 2005 has significance because this Act lays down the principle...Read full

Can the access to file notings be denied under the RTI Act, 2005

Ans : No, file notings cannot be denied under the RTI Act, 2005, as these are an integral part of t...Read full