Right to Information

• Right to Information (RTI) is a Fundamental Right that is guaranteed under the Constitution under Article 19 [specifically Article 19(1) (a)] and Article 21 (Right to Life and Personal Liberty) of the Constitution of India.
• It is a human right to access information that is related to the person’s day-today utilities.
• Availability of relevant information makes a citizen responsible and keeps him informed about the Government’s functionalities (public authorities).
• The RTI promotes the principle of good governance, since it is seen as a gateway to improving participatory democracy, which is used for the people’s benefit. In a democracy, access to information empowers citizens by encouraging them to scrutinise the government’s decisions and policies.

Right to Information Act

• The objective of the Right to Information Act is to set out the practical regime of the right to information for citizens and bring in the era of openness. It replaces the erstwhile Freedom of Information Act, 2002.
• It aims to set out the practical regime of Right to Information for India’s citizens to allow citizens to access the information related to public authorities to promote transparency and accountability in their working.

• Provisions of RTI act are:

  • • Any citizen may request information from a body that is declared as a “public authority”. The Act provides for the appointment of Information Officers in every Public Authority for providing information to the public on request.
    • It provides a 30-day deadline for providing information. The deadline is 48 hours if the information is concerning the life or liberty of an individual.
    • Information is free for people below the poverty line. For others, the fees for information are reasonable.
    • The Act imposes an obligation on bodies declared as public authorities to disclose the information suo-moto such that the citizens will have as much as possible ready-made information available without having to specifically apply for it. For this, it requires the Public Authorities to computerise their records for wide and proactive dissemination.
    • It provides for establishing a Central Information Commission (CIC) at the Centre and State Information Commissions (at the level of states). They are independent high-level bodies to act as appellate authorities and are vested with a civil court’s powers. The jurisdiction of the CIC extends over all Central Public Authorities.
    • The information commissions can allow access to such information not disclosed by a public authority if public interest outweighs the harm to protected persons.
    • The Act has been put above the Official Secrets Act, 1923. RTI says that if there is any conflict between the RTI and OSA, the RTI will prevail.
    • All categories of exempted information should be disclosed after 20 years. The exception for this includes information related to cabinet deliberations and information that affects security, strategic, scientific or economic interests, relations with foreign states or leads to incitement of an offence.

Recent Judgements Related to RTI

• In the judgement given by a five-judges Constitution Bench in the Supreme Court of India vs Subhash Chandra Agarwal case, it is stated that the Office of the Chief Justice of India (CJI) is a ‘public authority’ under Section 2(h) of RTI Act.
• In the A.V. College Trust and Management Society Vs. Director of Public Instructions case, the Supreme Court ruling has brought NGOs receiving funds from the governments under the ambit of RTI Act.
  • • The Court held that the Trusts and NGOs “substantially funded” by the government will be considered “public authorities” under the RTI Act. Currently, the regulation of NGOs is done under the acts such as FCRA (Foreign Contribution Regulation Act) and FEMA (Foreign Exchange Management Act).
    • This ruling compelled NGOs to maintain records as provided under the RTI Act. Moreover, every citizen will have the right to get information from them.