This article has been written by ms. Nainci rani , a student studying B. A. LL. B. (H.) From teerthanker mahaveer college of law and legal studies, Moradabad. The author is a 3^rd year law student. 

• Introduction:

Right to information is a part of fundamental rights under ARTICLE 19 (1) of  the Constitution, article 19(1) says that every citizen has freedom of speech and expression, as early as in 1976 , the supreme Court said in the case of RAJ NARAIN VS STATE OF UP, that people cannot speak or express themselves unless they know, therefore, right to information is embedded in article 19.In the same case, supreme Court further said that india is a democracy. The citizen therefore, have a right to know how their money was being spent. These three principles were laid down by the supreme court while saying that RTI is a part of our fundamental rights.

• In S. P. GUPTA V. UNION OF INDIA , Bhagwati, j. Stated that “where a society has chosen to accept democracy as its creedal faith, it is elementary that the citizens ought to know what their government is doing”.

In most of the case the right of the listener is co-terminus with that of the speaker. Indeed where the speaker is not in a position to assert his free speech right, the only way it can be made effective is for the listeners to take the initiative inin invoking the jurisdiction of the court. Thus, where the government proscribes the import of a book written by a foreign writer who does not have the protection of article 19(1)(a),it is the interested Indian readers who can complain of the infringement of their constitutional right. In GAJANAN VISHESHWAR BIRJUR V. UNION OF INDIAN,  the supreme Court set aside the confiscation order passed by customs authorities against the books which were writings and speeches of Mao Zedong. Speaking for a two judge bench of the Supreme Court, B. P. JEEVAN REDDY, J. EXPRESSED the unhappiness of the beach with attempts at thought control in a democratic society and pointed out its Futility. Similarly, the right of commercial speech, which was discussed earlier, to claim protection of article 19(1) (a) is premised largely on the social function it performs in serving the interests of the listeners. 

•  If RTI is a fundamental rights, they why do we need an act to give us this right?

This is because if you went to any government department and told the officer there , “RTI is my fundamental rights, and that I am the master of this country. Therefore, please show me all your files”.he would not do that,  in all probability, he would throw you out of his room, therefore, we need a machinery or a process through which we can exercise this fundamental rights. Right to information act 2005, which become effective on 13^th October 2005, provides that machinery. Therefore, right to information act does not give us any new right. It simply lays down the process on how to apply for information, where to apply, how much fees etc. 

• When did RTI act come into force? 

The central right to information act come into force on the 12^th October, 2005. However , before that 9 state government had passed state acts, these were j & k, DELHI, RAJASTHAN, MADHYA PRADESH, MAHARASHTRA, KARNATAKA, TAMIL NADU, ASSAM & GOA. 

• What rights are available under RTI act 2005 ? 

1. Right to information act 2005 empowers every citizen to 
2. Ask any questions from the government or seek any information
3. Take copies of any government documents 
4. Inspect any government documents
5. Inspect any government work
6. Take samples of materials of any government work. 

• Objectives of the RTI act :

1. Empowers citizen to question the government. 
2. The act promotes transparency and accountability in the working of the government. 
3. The act also helps in containing corruption in the government and work for the people in a better way. 
4. The act envisages building better-informed citizens who would keep necessary vigil about the functioning of the government machinery. 

• Criticism of RTI act :
• One of the major set-back to the act us that poor record-keeping within the bureaucracy results is missing files. 
• There is a lack of staffing to run the information commissions. 
• The supplementary laws like the whistle Blower’s act are diluted, this reduces the effect of RTI law. 
• Since the government dose not proactively publish information in the public domain as envisaged in the act and this leads to an increase in the number of RTI applications. 
• There have been reports of frivolous RTI applications and also the information obtained have been used to blackmail the government authorities. 
• Who will give me information? 

One or more existing officers in every government department have been Designated as public information officers (PIO) . These PIOs act like nodal officers. You have to file your applications with them. They are responsible for collecting information sought by you from various wings of that department and providing that information to you. In addition, several officers have been appointed as assistant public information officers (APIOs) their job is only to accept applications from the public and forward it to the right PIO. 

• Where do I submit applications? 

You can do that with the PIO or with APIO. In the case of all central government department, 629 post offices have been designated as APIOs . This means that you can go to any of these will issue you a Receipt and acknowledgement and it is the responsibility of that post office to deliver it to the right PIO. 

• How can I apply for information? 

Draft your application using the form below and submit it by post or in person to the public information officers (PIO). 

• Features of the act :

• Section -1(2) : 

It extends to the whole of india except the state of jammu and Kashmir. 

• Section- 2(f) :

Information means any material in any form, including records, documents, memos, e-mails,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. 

• Section – 2(j) :

“Right to information” means the right to information accessible under this act which is held by Or under the control to any public authority and includes the right to :

• Inspection of work, documents, records. 

• Taking notes, extracts of certified copies of documents or records. 

• Taking certified samples of material, 

• Section- 4: 

Section 4 of the RTI act requires SUO MOTU DISCLOSURE OF INFORMATION by each Public authority. However, such disclosure have remained less than satisfactory.

• Section – 8(1) :

Mentions exemptions against furnishings information under RTI act. 

• Section – 8(2) : 

Provides for disclosure of information exempted under official secrets act, 1923 if larger public Interest is served. 

• Recent Amendments :

• The RTI amendment bill 2013 removes political parties from the ambit of the definition Of public authority and hence from the purview of the RTI act. 

• The draft provision 2017 which provides for closure of case in case of death of applicant Can lead to more attacks on the lives of whistleblower. 

• The proposed RTI amendment act 2018 is aimed at giving the centre the power to fix the Tenures and salaries of state and central information commissioner, which are Statutorily Protected under the RTI act. The move will dilute the autonomy and independence of CIC. 

• The act proposes to replace the fixed 5 year tenure to as much prescribed by government. 

• Other issues:

• Information commissioner do not have adequate authorities to enforce the RTI act. 

• In case of award of compensation to activist by public authority as ordered by commission, compliance cannot be secured.

• Poor record- keeping practices

• Lack of adequate infrastructure and staff for runnig information commissions

• Dilution of supplementary laws like the whistleblower protection act. 

• Conclusion:

• The right to information act wasade to achieve social justice, transparency and to make Accountable government but this act has not achieved its full objective due to some Impediment created due to systematic failures. 

• As observed by delhi high court that misuse of the RTI act has to be appropriately dealt With, otherwise the public would lose faith and confidence in this “sunshine act”.

• It is well recognized that right to information is necessary but not sufficient, to improve Governance, a lot more needs to be done to usher in accountability in governance,Including protection of whistleblower, decentralization of power and fusion of authority With accountability at all levels. 

• This law provides us a priceless opportunity to redesign the processes of governance, Particularly at the grass roots level where the citizens interface is maximum.

• Reference :

1. https://byjus.com/free-ias-prep/right-to-information-rti/
2. https://www.conservationindia.org
3. Book : fundamental rights and their enforcement. 

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