Bodies Covered Under RTI Act

The Right To Information (RTI) is one of the most important rights granted to Citizens of India. As per Article 19(1) (a) “All citizens shall have the right to freedom of speech and expression”, where citizens are free to seek, receive and impart information. This right forms the basis for transparent governance; hence this right has been accorded the status of a fundamental right by the Supreme Court in 1976 in the Raj Narain vs. State of UP case. The Right To Information Act 2005 brought about newer mechanisms that allow every citizen to exercise his/her basic yet critical rights to uncover the true nature of government functioning.

The Right to Information Act, 2005

The RTI act is one of the most empowering acts in India. It empowers ordinary citizens to question the government and its work. People and media organisations have widely used the act to track progress in government work, uncover corruption and spending related information and much more. Additionally, the RTI act requires state and union Authorities to provide timely responses to citizens’ requests for information.This has resulted in a far more transparent government, causing less corruption and expenses.

Under the provisions of the Right to Information Act 2005, any public authority is obliged to provide information in response to a citizen’s request for records. As defined in the RTI act, a public authority includes all union and state government agencies that perform a public function or provide a public service. However, it does not include a private company where the government holds a controlling share.

Which government bodies are covered under RTI Act?

All government departments come under the purview of this act. These include public sector units, municipal corporations, state and central governments, ministries at both state and central level, judiciary branch, government-owned companies, government schools and universities and public works departments.

One can obtain information concerning the expenses of representatives in the government, be it their telephone and fuel bills or an honest overview of expenditure to improve their constituency. This information is available because these officials spend the taxpayers’ money.

Governments and other institutions such as the city location administrations and gram panchayats have to comply with the Right to Information Act. Police departments, passport authorities, electricity/water supply companies are all required by law to provide information.

RTI and political parties

In 2013, the Central Information Commission brought six national political parties under the ambit of the Right To Information Act to ensure transparency and hold them accountable. However, while this may sound all well and good on paper, these political parties have refused to entertain any requests for information made under the RTI law. The whole matter is still pending.

Arguments for not bringing political parties under RTI:

• The constitution did not establish political parties, so they are not legally bound to reveal any information under the RTI act
• Political parties and other bodies formed under the Representation of People Act, 1951 should not be considered as public authorities covered under the purview of the RTI
• If political parties are required to participate in the same transparency laws as other public authorities, their ability to work smoothly will be hampered
• Political opponents will begin to use the RTI tool for malicious purposes

A factual argument for bringing political parties under RTI:

Certain things should not be made public knowledge while other matters should be. For example, the inner workings of the party should not leak out to the public. In contrast, information regarding financial matters such as the party’s income and expenditure should be accessible to the people as it is public money.

CJI under RTI

The supreme court has ruled that the office of the Chief Justice of India (CJI) is a public authority and, therefore, will be under the purview of the RTI Act. The supreme court essentially presides over all matters pertaining to constitutional law, and the current CJI is the head of this institution. If the supreme court can be considered a public authority, so can any information stemming from the office of the chief justice. Despite being an independent body, isolation is unacceptable since many decisions may have to be made by them, affecting the common man’s life, including that of the individual who seeks transparency publicly. RTI forms have been used as a political tool in some instances and for surveillance in others. Therefore, any information released to the general public via RTI request must be carefully monitored to ensure neither overexposure nor illegal surveillance occurs.

RTI Act 2005 – important provisions

• Section 2(h): “Public authorities” refer to all government agencies at both the local and union levels, including subordinate state and local bodies such as city councils. This includes public institutions like government schools, colleges etc. Private associations that accept funding from central or local governments must also follow certain requirements under the RTI Act

• Section 4(1)(b):  The government is responsible for maintaining and disclosing information in a timely manner

• Section 6:  A person who desires to obtain any information shall make a request to the public information officer

• Section 7:  PIOs must provide information(s) within a stipulated time range.

• Section 8(1): Information, disclosure of which would prejudicially affect the sovereignty and integrity of India or lead to incitement of an offence, shall not be disclosed

• Section 19:  A two-tiered appeals system is in place

• Section 20:  Stiff penalties for public servants who fail to provide or deliberately hinder access to information

Conclusion

The RTI act is one of the most empowering acts in India, which enables ordinary citizens to question the government and its work. The Right to Information (RTI) is an act passed by the Indian Parliament that establishes the laws and processes for people’ access to information. The RTI Bill was enacted by the Indian Parliament on June 15, 2005, and went into effect on October 12, 2005.