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The Right to Information Act (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens" and replaces the erstwhile Freedom of Information Act, 2002. The Act applies to all States and Union Territories of India except the State of Jammu and Kashmir. Jammu and Kashmir has its own act called Jammu & Kashmir Right to Information Act, 2009. Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise their records for wide dissemination and to pro-actively publish certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005. Information disclosure in India was restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes.

Background

Supreme Court judgements

The Supreme Court for the first time gave a ruling on Three Judges Cases that disclosure of information with respect to functioning of the government must be a rule rather than an exception.

Freedom of Information Act 2002

The establishment of a national-level law, however, proved to be a difficult task. Given the experience of state governments in passing practicable legislation, the Central Government appointed a working group under H. D. Shourie and assigned it the task of drafting legislation. The Shourie draft, in an extremely diluted form, was the basis for the Freedom of Information Bill, 2000 which eventually became law under the Freedom of Information Act, 2002. This Act was severely criticised for permitting too many exemptions, not only under the standard grounds of national security and sovereignty, but also for requests that would involve "disproportionate diversion of the resources of a public authority". There was no upper limit on the charges that could be levied. There were no penalties for not complying with a request for information. This Act, consequently, never came into effective force..

State level RTI Acts

The state level RTI Acts were first successfully enacted by the state governments of — Karnataka (2000), Goa (1997), Rajasthan (2000), Tamil Nadu (1997), Delhi (2001), Maharashtra (2002), Assam (2002), Madhya Pradesh (2003), and Jammu and Kashmir (2004).

Scope

The Act covers the whole of India except Jammu and Kashmir, where J&K Right to Information Act is in force. It is applicable to all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or non-Government organisations "substantially financed, directly or indirectly by funds" provided by the government are also covered in the Act.

Private bodies

Private bodies are not within the Act's ambit directly. In a landmark decision of Sarbajit Roy versus DERC, the Central Information Commission also reaffirmed that privatised public utility companies continue to be within the RTI Act- their privatisation not withstanding.

Political parties

The Central Information Commission (CIC) has held that the political parties are public authorities and answerable to citizens under RTI Act. The CIC, a quasi-judicial body, has said that six national parties:- Congress, BJP, NCP, CPI(M), CPI and BSP have been substantially funded indirectly by the central government and they have the character of public authority under the RTI Act as they perform public functions . On 12 August 2013, the Congress Party tabled RTI Amendment Bill 2013 in Lok Sabha to keep political parties out of RTI ambit.

Process

Under the Act, all authorities covered must appoint their Public Information Officer (PIO). Any person may submit a request to the PIO for information in writing. It is the PIO's obligation to provide information to citizens of India who request information under the Act. If the request pertains to another public authority (in whole or part), it is the PIO's responsibility to transfer/forward the concerned portions of the request to a PIO of the other within 5 working days. In addition, every public authority is required to designate Assistant Public Information Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority. The applicant is not required to disclose any information or reasons other than his name and contact particulars to seek the information.

The Central Information Commission (CIC) acts upon complaints from those individuals who have not been able to submit information requests to a Central Public Information Officer or State Public Information Officer due to either the officer not having been appointed, or because the respective Central Assistant Public Information Officer or State Assistant Public Information Officer refused to receive the application for information.

The Act specifies time limits for replying to the request.

• If the request has been made to the PIO, the reply is to be given within 30 days of receipt.
• If the request has been made to an APIO, the reply is to be given within 35 days of receipt.
• If the PIO transfers the request to another public authority (better concerned with the information requested), the time allowed to reply is 30 days but computed from the day after it is received by the PIO of the transferee authority.
• Information concerning corruption and Human Rights violations by scheduled Security agencies (those listed in the Second Schedule to the Act) is to be provided within 45 days but with the prior approval of the Central Information Commission.
• However, if life or liberty of any person is involved, the PIO is expected to reply within 48 hours.

Since the information is to be paid for, the reply of the PIO is necessarily limited to either denying the request (in whole or part) and/or providing a computation of "further fees". The time between the reply of the PIO and the time taken to deposit the further fees for information is excluded from the time allowed. If information is not provided within this period, it is treated as deemed refusal. Refusal with or without reasons may be ground for appeal or complaint. Further, information not provided in the times prescribed is to be provided free of charge.

Exclusions

Central Intelligence and Security agencies specified in the Second Schedule like IB,Directorate General of Income tax(Investigation), RAW, Central Bureau of Investigation (CBI), Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights violation could be given but only with the approval of the Central or State Information Commission.

Information Exclusions

The following is exempt from disclosure under section 8 of the Act:-

• Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, "strategic, scientific or economic" interests of the State, relation with foreign State or lead to incitement of an offense;
• Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
• Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
• Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
• Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
• Information received in confidence from foreign Government;
• Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
• Information which would impede the process of investigation or apprehension or prosecution of offenders;
• Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
• Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual (but it is also provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied by this exemption);
• Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. However, this does not apply to disclosure of "trade or commercial secrets protected by law ".

Issues

People who seek information under RTI have been harassed or attacked.

See also

• Central Information Commission
• Attacks on RTI Activist in India
• Whistleblower protection in India
• Citizen's Charter and Grievance Redressal Bill 2011

References

1. The effective date is often incorrectly referred to as 12 October 2005. The Act actually came to force on the midnight between the 12th and 13th, which means that it came into effect from the 13th onwards.
2. http://books.google.co.in/books?id=-DGkZ0yVV6MC&pg=PA64&dq=RTI++act&hl=en&sa=X&ei=dvilUcODNqK1ywHYrYGwDA&ved=0CC4Q6AEwAA
3. http://www.rti.india.gov.in/cic_decisions/Decision_30112006_12.pdf
4. PTI. "Khurshid sounds warning note on RTI ruling". The Hindu. Retrieved june 4, 2013. {{cite news}}: Check date values in: |accessdate= (help)
5. PTI. "Political parties under RTI: Congress rejects CIC order". The Hindu Newspaper. Retrieved June 4, 2013.
6. Krishnan, Murali (12 August 2013). "Congress tables RTI Amendment Bill 2013 in Lok Sabha". www.indianewsco.com. India News Co. Retrieved 12 August 2013.

External links

• Government of India links
  • Complete text of the Right to Information Act
  • ONLINE RTI File RTI Request And First Appeal Against GOI
  • CIC - The Central Information Commission is empowered to decide complaints and appeals arising from use of the Right to Information Act, 2005.
  • CIC Online - New website of the Central Information Commission for filing complaints and appeals arising from use of the Right to Information Act, 2005.
  • DoPT - The Department of Personnel and Training, Ministry of Personnel, Public Grievances, and Pensions, is charged with being the nodal agency for the Right to Information Act, 2005. It has the powers to make rules regarding appeals, fees, etc.
  • Right to Information Act Portal
• Online groups discussing the Right to Information Act
  • RTI INDIA, Online community portal for Right to Information
  • RTI INDIA Yahoo RTI e-group

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• Freedom of information legislation
• 2005 in law
• Indian legislation
• 2005 in India
• Politics of India
• Indian federal legislation