This article has been written by Ms. Tashveen Kaur , a 1^st year BA LLB student from Army Institute of Law ,Mohali.

Introduction

The Right to information  has been a powerful tool in promoting transparency and accountability in governance and has helped citizens to hold public authorities accountable for their actions. The Act has also led to a greater participation of citizens in the decision-making process of the government and has helped to expose corruption and maladministration in various government departments and agencies.

 Historical background of right to information

The Right to Information (RTI) Act in India was enacted on October 12, 2005. The Act was passed to ensure transparency and accountability in the functioning of public authorities by providing citizens with the right to access information held by these authorities.

The RTI movement in India started in the early 1990s with various civil society organizations and activists advocating for transparency in governance. The movement gained momentum after the enactment of the Freedom of Information Act in the United States in 1966 and the Right to Information Act in Sweden in 1766.

In 1997, the Mazdoor Kisan Shakti Sangathan (MKSS), a social organization in Rajasthan, initiated a campaign for transparency in the implementation of rural development schemes. The MKSS demanded access to records and accounts of funds spent on various developmental schemes at the village level. The success of this campaign led to the inclusion of the right to information in the National Common Minimum Programme of the United Progressive Alliance (UPA) government in 2004.

The RTI Act, 2005 was introduced in the Indian Parliament and passed unanimously in both houses. The Act provides for the right to information for citizens, including access to information on government policies, programs, and projects, as well as information on the functioning of government departments and agencies.

Important provisions under the Right to Information Act, 2005

Section 2(h): Public authorities mean all authorities and bodies under the union government, state government or local bodies. The civil societies that are substantially funded, directly or indirectly, by the public funds also fall within the ambit of RTI.

Section 4 1(b): Government has to maintain and proactively disclose information.

Section 6: Prescribes a simple procedure for securing information.

Section 7: Prescribes a time frame for providing information(s) by PIOs.

Section 8: Only minimum information exempted from disclosure.

Section 8 (1) mentions exemptions against furnishing information under the RTI Act.

Section 8 (2) provides for disclosure of information exempted under the Official Secrets Act, 1923 if the larger public interest is served.

Section 19: Two-tier mechanism for appeal.

Section 20: Provides penalties in case of failure to provide information on time, incorrect, incomplete or misleading or distorted information.

Section 23: Lower courts are barred from entertaining suits or applications. However, the writ jurisdiction of the Supreme Court of India and high courts under Articles 32 and 226 of the Constitution remains unaffected

Which type of information is covered under right to information act?

The Right to Information (RTI) Act, 2005 in India covers all types of information that are held by public authorities, including the central and state governments, public sector undertakings, and local authorities.

The information that can be obtained under the RTI Act includes:

Government policies, procedures, and guidelines

Records of decisions, proceedings, and meetings

Documents related to the allocation of resources and funds

Correspondence, including official letters, emails, and memos

Reports and studies commissioned by the government

Details of contracts and tenders

Inspection reports and audit reports

Information related to salaries, allowances, and other benefits of government officials

Information related to the implementation of government schemes and programs

Information related to the functioning of public authorities and government agencies.

However, there are certain exemptions to the information that can be accessed under the RTI Act, including information that could harm national security, information that is of a personal nature and information that is covered by attorney-client privilege. Additionally, there are certain categories of information that are exempted from disclosure, such as cabinet papers, diplomatic correspondence, and information related to trade secrets and intellectual property.

Differences between right to information and right to privacy

The Right to Privacy and Right to Information are two different fundamental rights guaranteed by the Indian Constitution. Here are the key differences between these two rights:

• Nature of Right: The Right to Privacy is a right that protects an individual’s personal information and ensures that the information is not disclosed without their consent. On the other hand, the Right to Information is a right that enables citizens to access information held by public authorities.
• Scope: The Right to Privacy is a limited right that applies only to an individual’s personal information. The Right to Information, on the other hand, is a much broader right that applies to all types of information held by public authorities.
• Protection: The Right to Privacy is protected under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The Right to Information is protected under the Right to Information Act, 2005.
• Limitations: The Right to Privacy is subject to limitations in certain cases, such as national security, public order, and morality. The Right to Information is also subject to certain limitations, such as information that could harm national security or infringe upon personal privacy.
• Enforcement: The Right to Privacy can be enforced through legal action, such as a writ petition in the courts. The Right to Information can be enforced through a complaint or an appeal to the Information Commission.

In summary, the Right to Privacy and Right to Information are two different rights that protect different aspects of an individual’s life. While the Right to Privacy protects an individual’s personal information, the Right to Information enables citizens to access information held by public authorities.

Significance of right to information act, 2005 

The Right to Information (RTI) Act, 2005 in India is significant in many ways. Here are some of the key significance of the RTI Act:

• Promotes transparency: The RTI Act promotes transparency in the functioning of public authorities by enabling citizens to access information that is held by public authorities.
• Enhances accountability: The Act enhances the accountability of public authorities by making it mandatory for them to disclose information to citizens upon request.
• Prevents corruption: The Act helps to prevent corruption by enabling citizens to access information related to the functioning of public authorities and government agencies.
• Empowers citizens: The Act empowers citizens by enabling them to participate in the decision-making process of the government.
• Promotes good governance: The Act promotes good governance by ensuring that public authorities are open and accountable to the public.
• Facilitates the effective implementation of government policies and programs: The Act enables citizens to access information related to the implementation of government policies and programs, which helps to ensure that they are implemented effectively.
• Reduces the asymmetry of information: The Act helps to reduce the asymmetry of information between the government and the citizens by enabling citizens to access information held by public authorities.
• Encourages the use of technology: The Act encourages the use of technology to make information easily accessible to citizens.

In summary, the RTI Act is significant because it promotes transparency, enhances accountability, prevents corruption, empowers citizens, promotes good governance, facilitates the effective implementation of government policies and programs, reduces the asymmetry of information, and encourages the use of technology.

Criticism and challenges to right to information 

While the Right to Information (RTI) Act, 2005 in India has been largely seen as a positive development, it has also faced criticism and challenges. Here are some of the key criticism and challenges to the RTI Act:

• Lack of awareness: One of the biggest challenges to the RTI Act is the lack of awareness among citizens about their rights to access information. Many citizens are not aware of the provisions of the Act or how to use it effectively.
• Delay in providing information: Another challenge is the delay in providing information by public authorities. Many public authorities do not respond to requests for information within the stipulated time period, which can be frustrating for citizens.
• Overburdened Information Commissions: The Information Commissions at the central and state levels are responsible for hearing complaints and appeals related to the RTI Act. However, these commissions are often overburdened with a large number of cases, which can result in delays in resolving complaints and appeals.
• Misuse of the Act: Some critics have argued that the RTI Act is being misused by individuals and organizations to harass public authorities and obtain information for personal gain.
• Exemption for sensitive information: The Act allows for certain information to be exempted from disclosure if it is considered sensitive or could harm national security. However, some critics have argued that the exemptions are too broad and can be used to withhold information that should be made public.

• Need for proactive disclosure: While the Act requires public authorities to respond to requests for information, some critics have argued that there is a need for proactive disclosure of information by public authorities.

In summary, while the RTI Act has been seen as a positive development, it also faces criticism and challenges such as lack of awareness, delay in providing information, overburdened Information Commissions, misuse of the Act, exemptions for sensitive information, and the need for proactive disclosure.

Case laws 

The Right to Information (RTI) Act in India has been instrumental in bringing transparency and accountability in the functioning of the government. Here are some landmark cases related to the RTI Act in India:

State of Uttar Pradesh v. Raj Narain (1975 AIR 865): This case, also known as the “Kissa Kursi Ka” case, was a landmark in the history of the RTI movement in India. The Supreme Court ruled that citizens had the right to access information related to the functioning of public authorities.

Union of India v. Association for Democratic Reforms (Appeal (civil) 7178  of  2001

): In this case, the Supreme Court directed political parties to disclose information related to their funding and assets under the RTI Act.

Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi (Appeal no. 9052 of 2012): In this case, the Supreme Court held that answer sheets of examinations conducted by public authorities could be accessed under the RTI Act.

Central Board of Secondary Education v. Aditya Bandopadhyay (Appeal no. 6454 of 2011): In this case, the Supreme Court held that information related to the evaluation of answer sheets of public examinations could be accessed under the RTI Act.

In summary, these landmark cases have played an important role in shaping the RTI movement in India and have helped to bring transparency and accountability in the functioning of the government.

Conclusion 

In conclusion , while the RTI Act has been seen as a positive development, it also faces criticism and challenges such as lack of awareness, delay in providing information, overburdened Information Commissions, misuse of the Act, exemptions for sensitive information, and the need for proactive disclosure.

References

Aishwarya Says:

Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com

Join our  Whatsapp Group for latest Job Opening