Prepared For:Bihar State Legal Service Authority

Prepared By:Kumar Vikram Aditya Chanakya National Law University

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INTRODUCTION
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.1 This act empowers an Indian citizen to:1. Inspection of work, documents, records; 2. Taking notes, extracts or certified copies of documents or records; 3. Taking certified samples of material; 4. 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.2 This Act extends tom whole India except Jammu and Kashmir. Disclosure of information was somehow restricted by Acts like Officials Secrets Act 1923 and various other acts/laws which the RTI relaxed and removed those barriers.

WHO WOULD PROVIDE THE INFORMATION

1. Designated PIO (Public Information Offices). 2. Assistant Public Information Offices (APIO).

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The Right to Information Act, 2005, Pg 1 The Right to Information Act, 2005, Clause 2 (j), Pg 2

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RAJ NARIAN V/S STATE OF UTTAR PRADESH

Supreme Court in the case raj Narian v/s state of Uttar Pradesh ( Indira Gandhi Case ) laid down three principle while saying RTI is a part of our fundamental right. 1. RTI stands for right to information. RTI is a part of fundamental right under Article 19 (1) of the constitution. 2. People are the masters. Therefore, the master have a right to know how the Government meant to serve them, are functioning. 3. The citizens have a right to know how their money is being spent.

WHAT IS INFORMATION? 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.3

AIM OF THIS ACT

1. Transparency and accountability in working of energy public Authorities. 2. To access to information by any Indian citizen. 3. To check whether Government is performing its Duty or not.

The Right to Information Act, 2005, Clause 2 (f), Pg 2

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THERE IS FUNDAMENTAL RIGHT THEN WHY DO WE NEED AN ACT

The answer is that we need a machinery to exercise our right and RTI provides that machinery.

EXEMPTION
There are some information that cant be disclosed they are:1. Information that would prejudicially affect the sovereignty and integrity of India. 2. Relation with foreign state. 3. Security of the state. 4. Disclosure which would lead to contempt of Court. e.t.c. 4

PROCEDURE
We can file our request in either writing or electronic means in English or Hindi or any regional language to the PIO or APIO.

FEE AND TIME LIMIT

Application fee is Rs. 10 but its free for BPL. Time Limit Information provided within 30 days if filed within PIO 35 days if filled within APIO And in 48 hours if it affects life and liberty of a person.

The Right to Information Act, 2005, Clause 8, Pg 7

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CENTRAL INFORMATION COMMISSION

An autonomous body which deals with the complain done for CIC, SIC or other any information commissioner. Anybody can complain to CIC if PIO or APIO 1. Fails to provide information within 30 days or fails to explain why extension was taken. 2. Fail to give proper advice and help within a period of time. 3. Fail to give information in the form in which it was asked. PENALTIES:If PIO doesnt provide information or fails to provide it, CIC can charge Rs. 250 per day up to Rs. 25000, for any unreasonable delay, But no criminal liability exist for it, and if done in good faith no Liability exist. 5 FAMOUS CASES:1. Raj Narian v. State of U.P. 2. S.P. Gupta v. UOI ( Also known judges case) 6

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The Right to Information Act, 2005, Clause 21, Pg 19 AIR 1982 SC 114

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RTI SUMMARY
Clause 1 Clause 2 Clause 3 Clause 4 Clause 5 Clause 6 Clause 7 Clause 8 Clause 9 Clause 10 Clause 11 Clause 12 Clause 13 Clause 14 Clause 15 Clause 16 Clause 17 Clause 18 Clause 19 Clause 20 Clause 21 Clause 22 Clause 23 Clause 24 Short title, commencement and extent Definitions RTI Obligation of PA Designation of PIO Request to obtain the information Rejection Exemption Grounds of rejection to access in certain cases Severability Third party information Constitution of Central Information commission Terms and Office of Central Information commission Removal of Central Information commissioner Constitution of State Information commission Terms and Office of State Information commission Removal of State Information commissioner Powers and functions of Commission Appeal Penalties Protection of action taken in good faith Overriding effect Bar of jurisdiction of court Act not to apply on organization given in Schedule 2

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Clause 25 Clause 26 Clause 27 Clause 28 Clause 29 Clause 30 Clause 31

Monitoring and reporting Appropriate government to prepare progress Power to make rules by appropriate government Power to make rules by Competent authority Laying of rules Power to remove difficulties Repeal

Schedule 1 Schedule 2

Forms of oath or affirmation to be made by CIC, SIC, CSIC, IC Organization related to Clause 24

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