The Right To Information Act

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Sudhir Sachdeva Law Classes 9999997086

The Right To
Information Act,
2005

CS Executive- Jurisprudence Interpretation and General Laws Page 1


Sudhir Sachdeva Law Classes 9999997086

Sudhir Sachdeva
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Sudhir Sachdeva Law Classes 9999997086

QUESTION.1 WHAT IS THE HISTORY AND MAIN IDEA BEHIND RTI ACT 2005?
HISTORY AND MAIN • An Act to provide for setting out the practical regime of
IDEA BEHIND RTI ACT 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.
• It has been well said that a democracy is run on
informed public opinion. However, the means of
obtaining information is a matter of grave concern for
the functioning of a democracy.
• This shows that in a given point of time administration
can be hard on citizens. Citizens’ actions shall be
assaulted at the hands of the administration though
however no corresponding provisions were made of
passing information to the citizens on matters of
importance to a citizen.
• This lacuna in the legislative program would upset many
welfare projects and can be taken over by corrupt
officials and bureaucracy.
• It is in order to prevent such takeovers by corrupt and
dishonest bureaucracy and/or the administration that
the Act such as this can be of some hope and some
relevance.

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QUESTION.2 WHAT ARE THE SALIENT FEATURES OF THE RIGHT TO INFORMATION
ACT 2005?
(1) REPLACES THE This Act replaces the Freedom of Information Act, 2002 and to
FREEDOM OF the extent of occupied field is also replacing the Acts like the
INFORMATION ACT, 2002 Maharashtra Right to Information Act, 2002.
(2) STREAMLINE THE The Act seeks to streamline the administration in order that the
ADMINISTRATION IN various functionaries of the Government adapt themselves to
ORDER the obligation of furnishing information as called for.
(3) PROVIDES
INDEPENDENT It provides for an independent apparatus or instrumentality for
APPARATUS TO OBTAIN enabling the citizens to obtain information about the functioning
INFORMATION of various Government functionaries.

CS Executive- Jurisprudence Interpretation and General Laws Page 3


Sudhir Sachdeva Law Classes 9999997086

(4) CONTENTS OF THE It has spelt out the contents of the obligation to furnish
OBLIGATION TO FURNISH information as also has made distinction as to the matters to
INFORMATION which the obligation is not attached.
(5) SOME INFORMATION While matters are enlisted which are exempted for being
IS EXEMPTED TO BE furnished as and by way of information to the requesting
FURNISHED member of the public.

QUESTION.3 WHAT IS THE OBJECTIVE OF THE RIGHT TO INFORMATION ACT 2005?


OBJECTIVE OF THE The Act provided for:
RIGHT TO • Hierarchy of instrumentalities with inbuilt provisions for
INFORMATION ACT Appeal.
• remedy to third party as defined in the Act.
• bar of jurisdiction of Civil Courts.
• Exempting organizations to which this Act may not apply.
Empowering the Central Government to prepare educational
programs etc.
It has also made distinction in terms of periods available and
excluded for getting information.

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