Legal Aspects of the Right to Information

What is Information Information means facts, documents

Why is Information Necessary? People need information for every aspect of their lives:  Basic needs like food, water, education, clean environment- all depend on information  Basic rights like right to life and liberty and right to free speech and expression depend on timely and sufficient information

Information from Whom?  There are many sources of information: Some governmental, some private.  Most important information relating to citizens is held with the government  A lot of information such as relating to trade, or personal matters is in private hands. Some of this may be relevant to the public.  Government controls certain private information which is relevant for the public.

What is the Right to Information  Asking for and being given information as a matter of right is called “Right to Information”. It is also alternately termed as “Right to Know”, “Freedom of Information” or “Access to Information”  The Right to Information is a fundamental right under the Constitution of India because: Information ensures equality before the law and lack of arbitrariness. It is therefore a part of Article 14. Information is necessary to form and express opinions, dissent or support for any matter. It is therefore a part of Article 19 (1) (a) Information is necessary for protection of the right to life and liberty. It is therefore a part of Article 21.

Why Information is important in Democracy  It enables participation in governance by expressing consent, dissent, choice.  It ensures transparent and Open Government  It ensures accountability of government towards citizens

What is the Freedom of Information Act, 2002 The Right to Information needs to be enforced through legislation in order to set up systems by which it can be accessed by common people, such as:  Proper collection and storage of information  Giving information in the correct form and in time  Remedies where information is not given or given late. The Freedom of Information Act 2002 provides the administrative framework for bringing the right to information into practice

Laws on Right to information  Some states have made their own laws to enforce the right to information- Assam, Delhi, Goa, J&K, Karnataka, Madhya Pradesh, Maharashtra, Rajasthan, Tamil Nadu.  The Centre has passed a law applicable to the entire country-The Freedom of Information Act,2002 (FOIA)

What does the FOIA do It gives the right to every citizen to seek information from ‘public authorities’ by:  Inspecting documents and taking notes and extracts  Getting certified copies of documents  Taking printouts from electronic devices like computers  Taking copies of documents on floppy discs etc. Section 2 (c)

‘Information’ Any material in any form relating to the administration,operations or decisions of a public authority - Section 2 (d )

‘Public Authorities’  Authorities established by or under the Constitution-e.g: High Courts and the Supreme Court of India, Election Commission of India, Parliament, Panchayats,etc.  Authorities established under any law made by the State Legislatures or Parliament. E.g, Corporations  All such institutions which are either substantially funded by the State or Central; government or are controlled by the government Section 2 (f)

How to access information  Every public authority will have a “public information officer” (PIO)  A written application must be made to this PIO  If a person cannot make a written request, PIO will assist in recording oral requests  A fee must be paid for this request.  Information must be given as soon as possible but in any case within 30 days.  Information relating to life and liberty must be given within 48hours Sections 5, 6, 7

Can all kinds of information be accessed? No! Such information will not be given :  Which would prejudicially affect the sovereignty and integrity of the nation  Which would prejudicially affect Centre-state relations  Cabinet papers and discussions  Records of opinions and advise in the process of decision making  Trade and commercial secrets protected by law.  Certain information related to Parliament.  Some institutions are completely out of the reach of this law. These are mentioned in the schedule. Sections 8, 16 and the Schedule

Some more grounds for refusal !  Information requested is too general in nature  The request would demand too much of administrative time and resources  Requested information is published or is to be published within 30 days.  Requested information is of a personal nature. Section9

If information is not given  Appeal can be made to an authority to be appointed by government  A second appeal can be made to the State or Central government  This law denies the right to approach any court for settling any disputed matter Sections 12, 13

Information to be given ‘suo motu”  Government must give certain information suo motu, i.e., on its own  Government must make public from time to time, information about its powers, functions and way of working  Information about important decisions must be communicated to people  Information on projects which would affect the public must be communicated to those affected Section 4