RIGHT TO INFORMATION ACT, 2005 (RTI) (Act No. 22 of 2005) Presented by: Chittranjan Pal & Nandini Raj Gupta

2 Chronology of RTI FOI law first enacted, Sweden, 1766 Raj Narain vs. State of UP, India, 1776 Mazdoor Kisan Shakti Sangathan (MKSS) Movement in Rajasthan, India, 1990 Freedom of Information Act, India, 2002 Right to Information Act, 2005

3 Salient Features Central legislation; extends to the whole of India except the State of Jammu and Kashmir. Grants access to information held by a public authority. Flows from two Fundamental Rights enshrined in the Constitution Article 19-Freedom of speech and expression: Information is necessary to form and express opinions, dissent or support on any matter. It is therefore a part of Article 19 (1)(a) Article 21-Right to life and liberty: Information is necessary for protection of the right to life and liberty. It is therefore a part of Article 21 Enacted: 15 June 2005 Enforced: 12 October 2005 The Freedom of Information Act, 2002 has been repealed with this act.

4 Objectives To set out a practical regime of right to information for citizens To secure access to information under the control of public authorities To promote transparency and accountability in the working of every public authority To contain corruption To increase citizens’ awareness and ability to exercise their other rights To equip them to participate meaningfully in the development process

5 Logo A very simple and iconic logo. A sheet of paper with information on it, and the authority figure behind it – providing the information. This represents the two key stakeholders in the process of sharing information under the RTI Act. The lines of information on the sheet of paper are rendered in a manner that makes it look transparent, showing through the form of ‘i’ from behind. The solid form of ‘i’ is a very simplistic portrayal of the human form and can also be related to the ‘i’ for information. The bright blue color stands for transparency and purity (free from malpractices) of process.

6 6 Chapters, 31 sections & 2 Schedules STRUCTURESTRUCTURE Chapter I Preliminary, Sections1 & 2 Chapter III The Central Information Commission, Section 12 to 14 Chapter IV The State Information Commission, Section 15 to 17 Chapter V Powers and functions to the Information Commissions, Appeals and Penalties Section 18 to 20 Chapter VI Miscellaneous Section 21 to 31 Chapter II Right to Information and obligations of public Authorities, Sections 3 to 11

7 Preamble An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed.

8 Definitions (s.2) "appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly— (i)by the Central Government or the Union territory administration, the Central Government (ii) by the State Government, the State Government. " competent authority " means— (i) the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State (ii) the Chief Justice of India in the case of the Supreme Court (iii) the Chief Justice of the High Court in the case of a High Court (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution (v) the administrator appointed under article 239 of the Constitution.

9 Definitions (s.2) "information" means any material in any form, including records documents memos s opinions advices press releases circulars orders logbooks contracts reports papers samples models data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.

10 Definitions (s.2) " record" includes – (a)any document, manuscript and file; (b) any microfilm, microfiche and facsimile copy of a document; (c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and (d) any other material produced by a computer or any other device.

11 Definitions (s.2) " public authority" means any authority or body or institution of self- government established or constituted – (a)by or under the Constitution; (b)by any other law made by Parliament; (c)by any other law made by State Legislature; (d)by notification issued or order made by the appropriate Government, and includes any— (i) body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government.

12 Definitions (s.2) " right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to– (i)inspection of work, documents, records; (ii)taking notes, extracts or certified copies of documents or records; (iii)taking certified samples of material; (iv)obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

13 Definitions (s.2) " third party " mean – a person other than the citizen making a request for information and includes a public authority. Subject to the provisions of this Act, all citizens shall have the right to information. Right to Information (s.3)

14 Obligation of Public Authority (s.4) Every public authority shall – maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated. publish all relevant facts……………….decisions…… affecting public constant endeavour of every public authority to take steps….to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information. to appoint CAPIO/SAPIO to receive applications/appeals and forward the same to CPIO/SPIO or CIC/SIC. (s.5)

15 Disposal of Request (s.7) Time limit for giving information30 days If information concerns life and liberty of a person must be given within 48 hrs If information is given by third party then invite objections if any add 10 extra days No action on application for 30 days deemed refusal

16 Exempted Information (s.8) Affects the sovereignty and integrity of India. Forbidden by any court of law or tribunal. Breach of privilege of Parliament or the State Legislature Commercial confidence, trade secrets or intellectual property. Information held in fiduciary relation. Information from a foreign government. Information that endangers life. Information which impedes the process of investigation or prosecution. Cabinet papers. Information which relates to personal matters, the disclosure of which has no bearing on any public activity or interest. Information related to agencies mentioned in the Second Schedule of the Act. (Public interest in disclosure overrides restricting these information) (Information dating to event/matter twenty years back shall be provided) “Information which cannot be denied to Parliament or Legislature of a State shall not be denied to any person.”

17 Appeal and Penalties (s.19 & 20) APPEALS: Internal First appeal to the officer immediately senior to Public Information Officer within 30 days of decision. Appeal to be disposed of within a period of 30 days extendable upto a total of 45 days. External Second appeal to CIC/SIC within 90 days of decision of Appellate Authority. (In both the appeals onus to justify denial of request shall be on the PIO. Decision of the CIC/SIC is final and binding.) PENALTIES: The CIC/SCIC shall impose a penalty of Rs. 250/- per day Total amount will not exceed Rs 25,000 for– Not furnishing information in 30 days Misleading the applicant Providing wrong information Not publishing information suo motu Not computerizing data and uploading on website CIC/SIC empowered to impose penalty on PIO. They can also recommend disciplinary action against an erring PIO.

18 Appeal within 90 days Appeal within 30 days +10 days 48 hrs + 5 days 30 days Information related to third party Appellate Officer SIC/CIC High Court Supreme Court disposition of appeal: 30 days or extend not beyond 45 days

19 Overriding effect[Sec.22] The provisions of the Act have an overriding effect over anything inconsistent contained in the Official Secrets Act, 1923 or any other law or instrument

20 Fee that you have to pay: CENTRAL Rs 10 has to be deposited along with the application form Rs 2 has to be paid for every page of information sought Actual cost price for any samples or models For inspection of records, no charge for the first hour: but a charge of Rs 5 for every 15 minutes thereafter Actual cost price for paper larger than A3 size Rs 50 for information provided on a diskette For information in printed form, the price fixed for the publication DELHI Requisition to be accompanied by Rs 10 payable by cash/demand draft/banker’s Cheque to the Accounts Officer: Rs 2 per page created or copied Actual cost or price for models or samples For inspection of records, no fee for the first hour; Rs 5 for each subsequent hour or fraction thereof Rs 50 for information on diskette or floppy For information in printed form, at price fixed for publication or Rs 2 per photocopied extract

21 Instance where RTI can be used Seek information on certain Government activities. Reasons for certain Government decisions. Seek information to prevent wrongdoings. Suggest improvements once you have the information. When bribes are sought. Complaints or FIR goes unheeded.

22 1. Landmark JudgmentsLandmark Judgments 2. Website link: 3. RTI Anthem Link:

23 The largest democratic nation, India has survived all vicissitudes, turbulences of all kinds over the last half century and more. In that context, the bringing into being of the RTI has been an important milestone. The Act that came into being last year assures every citizen the right to know what the citizen should, and throws open the system of governance to total transparency and therefore inescapable accountability. Dr. APJ Abdul Kalam Inaugural Address at the National Convention on RTI : New Delhi

24 THANKYOU

25 Your Right to INFORMATION!!!!! Questions invited!!! Disclaimer Clause: Views expressed in this presentation views of the author do not necessary reflect those of the Institute.