Siva Prasad is teaching live on Unacademy Plus
Right To Information Siva Prasad
About Me Bachelors and Masters in Physics from Indian Institute of Science (ISc), Bangalore . INSPIRE Scholar, DST Govt. of India . Interested in Physics, current affairs, economics... . Physicist, Blogger, Teacher.... Wrote UPSC CSE Mains 2017 . Research Publication in Journal of Applied Physics
Contents . Introduction . Emergence of RTI .Key Features . Important Exemptions under RTI Act . Lacunae & Solutions . Questions
ntroduction . According to World Bank report, Good Governance is necessary to * It emphasizes transparency is the key to achieve good governance achieve the objectives of development administration. as it can ensure accountability, demand participation & decentralization & ultimately citizen empowerment, .India has inherited colonial structure which emphasized on secrecv in administration. It has resulted in failure of development administration. RTI is an example of demand side reform which aims to bring transparency in administration.
Emergence of RT . Mazdoor Kisan Shakti Sangathan (MKSS) was constituted on 1-5-1990 in the village Sohan Garh in Deogarh Tehsil of Rajsamand District. Its objective was to use various modes of struggle to change the lives of the rural poor. Its struggle started for minimum wage to the rural poor for construction work undertaken by Village Panchayat officials who often indulged in large scale embezzlements of development funds by over billing and by ghost entries in collusion with private parties and local officials. Construction work shown as completed, existed only on paper. It was never really carried out.
. The Mazdoor Kisan Shakti Sangthan (MKSS) activists, then, started demanding for accountability from the officers and the elected representatives. They realized the need to access to all records of local Government work in order to make the Government accountable. . For the first time, Rajasthan Govt recognized the legal entitlement of ordinary citizens to obtain copies of Government held documents, This campaign for the Right to information had a major impact not only in the villages of Rajasthan, but it spread all over India and culminated into a great movement followed by a broader and more comprehensive discourse on issues of governance in India. This campaign also initiated a debate on the feasibility of Right to information Law in Indi:a .
.On December 23, 2004, the UPA Govt. tabled the RTI Bill 2004 . This Bill was passed by Lok Sabha on 11th May, 2005 and by Rajya Sabha on 12th May, 2005 It received assent of the President on 15th June, 2005. . It was published in the Gazette of India on 21st June. 2005 It came into force with effect from 12th October, 2005
Key Features . Replaced Freedom of Information Act 2002 Jammu and Kashmir has separate Right To Information Act - RTI 2009. . RTI relaxes restrictions placed by Official Secrets Act 1923 . 3 Levels 1. Public Information Officer, 2. First Appellate Authority, 3. Central Information Commission(CIC) .Time period for Public Information Officer : Expeditiously or within 30 days from the date of receipt by public authority. Maximum time gap for 1st appeal : 30 days since limit of supply of information is expired
Time period for Appellate Authority: Within 30 days or in exceptional cases 45 days from the date of receipt by public authority Maximum time gap for 2nd appeal: 90 days since limit of supply of information is expired RT . . I act also asks for computerization and proactively publish information Bodies applicable under RTI : Constitutional bodies at center and state (Legislature, Executive, Judiciary), bodies/NGOs owned/financed by government, privatized public utility companies. . .Bodies excluded under RTI : Central Intelligence and Security Agencies, agencies of state specified through notification. The exclusion is not absolute.
. Central Information Commission shall consist of: 1 Chief Information Commissioner and upto 10 Central Information Commissioners. .The Chief Information Commissioner shall hold office for a term of five vears from the date on which he enters upon his office and shall not be eligible for reappointment. 31 sections and 6 chapters in the act. . Section 8 deals with information exempted under the purview of this act.
. Section 8 of the RTI: It deals with exemption from disclosure of information under this legislation. It says that there shall be no obligation on Government to provide any citizen information, disclosure which will affect (i) India's sovereignty and integrity, (ii) security, (iii) strategic, scientific or economic interests of the state and (iv) relations with foreign States or (v) will lead to incitement of an offence,
Solutions o 2nd ARC suggested Official Secrets Act to be repealed. o Matters of national security to be included in National Security Act. o Repeal of Section 123 of Indian Evidence Act. o Implementation of section 4 of RTI Act which allows every officer to publish info at his disposal even without consulting senior officer.