What is RTI?
RTI stands for Right to Information. 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. People are the masters. Therefore, the masters
have a right to know how the governments, meant to serve them, are functioning.
Further, every citizen pays taxes. Even a beggar on the street pays tax (in the
form of sales tax, excise duty etc) when he buys a piece of soap from the
market. The citizens 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.
If
RTI is a fundamental right, then 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 right, 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 right. Right to
Information Act 2005, which became effective on 13th 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 came into force on the 12th October, 2005.
However, before that 9 state Governments 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?
Right to Information Act 2005 empowers every
citizen to
- Ask any questions from the
Government or seek any information
- Take copies of any government
documents
- Inspect any government documents.
- Inspect any Government works
- Take samples of materials of
any Government work.
Who is covered under RTI?
The Central RTI Act extends to the whole of India except the State of Jammu and
Kashmir. All bodies, which are constituted under the Constitution or under any
law or under any Government notification or all bodies, including NGOs, which
are owned, controlled or substantially financed by the Government are covered.
What
is “substantially financed”?
This is neither defined under RTI Act nor under any other Act. So, this issue
will evolve with time, maybe through some court orders etc.
Are
Private bodies covered under the RTI Act?
All private bodies, which are owned, controlled or substantially financed by
the Government are directly covered. Others are indirectly covered. That is, if
a government department can access information from any private body under any
other Act, the same can be accessed by the citizen under the RTI Act through
that government department.
Isn’t
Official Secrets Act 1923 an obstacle to the implementation of RTI Act?
No. Sec 22 of the RTI Act 2005 clearly says that RTI Act would over ride all
existing Acts including Officials Secrets Act.
Can
the PIO refuse to give me information?
A PIO can refuse information on 11 subjects that are listed in section 8 of the
RTI Act. These include information received in confidence from foreign
governments, information prejudicial to security, strategic, scientific or
economic interests of the country, breach of privilege of legislatures, etc.
There is a list of 18 agencies given in second schedule of the Act to which RTI
Act does not apply. However, they also have to give information if it relates
to matters pertaining to allegations of corruption or human rights violations.
Does
the Act provide for partial disclosure?
Yes. Under Section 10 of the RTI Act, access may be provided to that part of
the record which does not contain information which is exempt from disclosure
under this Act.
Can
access be denied to file notings?
No. File notings are an integral part of the government file and are subject to
disclosure under the Act. This has been clarified by the Central Information
Commission in one of its orders on 31st Jan 2006.
How to use Right to Information
How
do I locate the full Act?
The full Act in Hindi and English is available on the website of Department of
Personnel and Trainingwww.persmin.nic.in. It
is also available on this website.
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 application?
You
can do that with the PIO or with APIO. In the case of all Central Government
Departments, 629 post offices have been designated as APIOs. This means that
you can go to any of these post offices and submit your fee and application at
the RTI counter in these post offices. They will issue you a receipt and
acknowledgement and it is the responsibility of that post office to deliver it
to the right PIO. The list of these post offices is given at http://www.indiapost.gov.in/rtimanual16a.html
Is there any fee? How do I deposit that?
Yes,
there is an application fee. For Central Government Departments, it is Rs 10.
However, different states have prescribed different fee. For details see rules
framed by the states on this website. For getting information, you have to pay
Rs 2 per page of information provided for Central Government Departments. It is
different for different states. Similarly, there is a fee for inspection of
documents. There is no fee for first hour of inspection, but after that, you
have to pay Rs. 5 for every subsequent hour or fraction thereof. This is
according to Central Rules. For each state, see respective state rules. You can
deposit fee wither in cash or through a DD or bankers cheque or postal order
drawn in favor of that public authority. In some states, you can buy court fee
stamps and affix it on your application. This would be treated as if you have
deposited the fee. You can then deposit your application either by post or by
hand.
What should I do if the PIO or the concerned
Department does not accept my application?
You
can send it by post. You should also make a formal complaint to the respective
Information Commission under section 18. The Information Commissioner has the
power to impose a penalty of Rs 25000 on the concerned officer who refused to
accept your application.
Is there an application form for seeking
information?
For
Central Government Departments, there is no form. You should apply on a plain
sheet of paper like an ordinary application. However, many states and some
ministries and departments have prescribed formats. You should apply in these
formats. Please read rules of respective states to know
How can I apply for information?
Draft your application on a normal sheet of paper and submit it by post or in
person to the Public Information Officer (PIO). [Remember to keep a copy of the
application for your personal reference]
How
can I deposit my application fee?
Every state has a different mode of payment for application fee. Generally, you
can deposit your application fee via:
- In person by paying cash [remember to take your receipt]
- By Post through:
- Demand Draft
- Indian Postal Order
- Money orders (only in some
states)
- Affixing Court fee Stamp (only
in some states)
- Banker’s cheque
- Some state governments have
prescribed some head of account. You are required to deposit fee in that
account. For that, you can either go to any branch of SBI and despoist cash
in that account and attach deposit receipt with your RTI application. Or
you can also send a postal order or a DD drawn in favour of that account
alongwith your RTI application.
Please
see respective state rules for complete details.
