The Right to Information (RTI) Act is a law passed by the Parliament of India that allows Indian citizens to obtain information from public authorities. According to Article 19(1)(a) of the constitution, everyone has the freedom of expression and speech. The Right to Information Act protects that fundamental right of an Indian citizen.  

Let’s take a closer look into the salient features of the Right to Information Act and also the act in itself.

Right to Information Act

The Right to Information Act was passed by the UPA Government on May 11, 2005, in the Lok Sabha, and on May 12, 2005, in the Rajya Sabha. After much deliberation, the project was given the green light by the President of India on June 15, 2005. Only 120 days after it was passed, the Right to Information Act went into force on October 12, 2005. 

Under the Right to Information Act, people have a right to seek information from public authorities, including government organisations. The law lists down the rules and procedures on how somebody can request information. A citizen can request any government document and get certified copies of the same. 

Now, what does the Right to Information Act 2005 say about the meaning of the word “information”? According to it, information can come in many forms, such as memos and emails, documents, press releases, opinions, advice, circulars, orders, logbooks, reports, paper, samples, models and data stored in any electronic form. 

Citizens are able to request the same under the RTI Act.

Salient features of Right to Information Act 2005

  • The RTI Act lets people look at government documents and ask for any public information from the government.
  • All government bodies, whether state, central or local, are liable to respond to an RTI query. All government-owned organisations are also liable to provide information under RTI Act.
  • A Public Information Officer (PIO) will be designated to handle RTI queries. This person accepts the request forms and gives the public the information they want.
  • Assistant PIOs work in every district or divisional level and help people get information.
  • Every person who wants to get information under the RTI Act must fill out an application in Hindi or English and send it in by email. If you can’t write it, PIOs will assist in putting your oral request in writing.
  • If the applicant is deaf, blind, or has disabilities, the public authority must offer assistance and access to the documents sought. 
  • The applicant doesn’t need to explain why they want the information or give any other personal information.
  • The applicant can file a complaint against the PIO if he doesn’t give him the information he needs on time.
  • Any information that can be given to the legislative assembly must be given to any applicant under the RTI Act.
  • PIOs are liable to pay a fine of Rs. 250 per day for delay in not furnishing the required information to an applicant.

Definition of Public Authority under RTI Act

Section 2(h) of the RTI Act explains what a public authority is. 

A “public authority” is any person or institution of self-government that has been set up or formed:

  1. a) by or because of the constitution;
  2. b) by any other law that the Parliament passed;
  3. c) as a result of any other legislation approved by the state legislature; or
  4. d) by government notification or order. 

People who work for government bodies like the Election Commission, the Union and State governments, and regulators like the RBI, SEBI, and TRAI are called public bodies.

A public authority can be any organisation owned, controlled or financed by a government authority. This includes non-governmental organisations that get a significant amount of funding from the government. There have been debates about this part because it leaves open the question of what ownership, control, or substantial financing means. 

Such questions have prompted a lot of conversation around the transparency of this act. Consequently, this element of the term is used in many cases that deal with the RTI Act. 

Conclusion

There has been significant criticism of the Right to Information Act. They’ve said that the act hasn’t been able to reach its full goals because of systemic flaws.

The Delhi High Court has said that the misuse of the RTI Act needs to be dealt with properly, or the public will lose faith and trust in this act.

However, the fact is that the RTI Act gives us a rare chance to see how the government works, especially at the grassroots level, where citizens have the most say in how things are done.