Janmey Patel (202)

Nikhil Arora (206)

Shashank Mohore (228)
Aniket Gupta (229)
Parandeep Singh Chawla (231)
• Quotes Emphasizing the need for RTI
• Secrecy as part of Administrative Setup

• Initiatives and Cases leading upto RTI

• Defining RTI, Coverage and functionality

• Impact on Indian Society

• Cases emphasizing success of RTI
The Real „Swaraj‟ will come not by the
acquisition of authority by a few but by the
acquisition of capacity by all to resist
authority when abused.
–Mahatma Gandhi
 "I believe that the passage of this Bill will see the
dawn of a new era in our processes of
governance, an era of performance and
efficiency, an era which will ensure that benefits
of growth flow to all sections of our people, an
era which will eliminate the scourge of
corruption, an era which will bring the common
man's concern to the heart of all processes of
governance, an era which will truly fulfill the
hopes of the founding fathers of our Republic”
◦ Speech in Parliament on May 11, 2005- Dr. Manmohan
Singh Prime Minister of India
 What is Right to Information?

• The Right to Information is a fundamental right

under the Constitution of India

• Asking for and being given information as a matter

of right is called “Right to Information”

• Information is necessary for protection of the right

to life and liberty. It is therefore a part of Article 21

• Information is necessary to form and express

opinions, dissent or support on any matter. It is
therefore a part of Article 19 (1)(a)
 The Indian Bureaucracy has inherited administrative
culture of secrecy as a colonial and feudal legacy.
Secrecy has been the most common culture of
bureaucratic culture.
• The official Secrets Act, 1923
• Section 123 of the Indian Evidence Act, 1872,
provides that the head of the department can refuse
to part with an information.
• Rule 11 of the Central Services(Conduct) Rules, 1964
prohibits a government servant to part with any
official document.
• Rule 9 of the All India Services(Conduct) Rules, 1968
prohibits any communication of Information
Global Scenario
 Sweden –1776
 UN Assembly Resolution, 1948
People‟s right to have access to official information –
–Freedom of Information as Fundamental Human
Right
 USA Act, 1966 -amended after „Watergate‟
 56 Countries have already enacted the Right
to Information
(North America, Most of Europe, Australia,
Columbia, Peru, Japan)
 Initiative of Mazdoor Kisan Shakti Sangthan
• Assertion of RTI by asking for copies of bills, vouchers and names
persons shown in the muster rolls.

• Purpose of preventing misappropriation of funds.

• MKSS succeeded in getting photocopies of relevant documents

revealing misappropriation of funds.

• MKSS organized Jan Sunwai, first ever in history of Rajasthan, during

1994-95.
• Similar exercise by Lok Satta, an NGO in Andhra Pradesh.
• DoPT set a Working Group on RTI and Promotion of Open and
Transparent Govt. in Jan, 1997 under Shri H. D. Shourie.

• Submitted draft bill of Freedom of Information in May, 1997.

• Government of India enacted Freedom of Information Bill, 2000.

• Freedom of Information Act passed in 2002.

• Freedom of Information Act repealed in 2005 and substituted by RTI

Act, 2005.
 Union of India v. Association for Democratic
Reforms (2002) 5 SCC 294-
“the court recognized the citizen‟s fundamental right
to information and even went to the extend saying
that such a right should be recognized and fully
effectuated”
 Onkar Lal Bajaj v. Union of India(2003) 2 SCC
673-
“ Articles 21 & 14-right to information-allotment of
retail outlets, distributorships and dealerships of
petroleum products-political patronage for
allotment was alleged by the press-Under such
circumstances, the public in general has a right to
know under what basis their elected representatives
got such allotments.”
 Provides a legal framework of citizens‟
democratic right to access to information
under the control of public authorities;

 To promote transparency and accountability

in the functioning of every public authority
 Long Title of the Act

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.
 Preamble
to the Act
What does it say ?

● Informed citizenry and transparency of

information are vital to the functioning of
our democratic republic
● to contain corruption
● to hold Government and their
instrumentalities accountable to the
governed.
 Covers all of India except Jammu and
Kashmir.
 Covers central, state and local governments, and
all bodies owned, controlled or substantially financed;
non-government organisation substantially financed,
directly or indirectly by funds provided by the
appropriate Government (2(h))
 Covers executive, judiciary and legislature (2(e)
 Includes information relating to private body
which can be accessed by under any other law
for the time being in force (2(f))
 Because it helps to:

◦ Promote openness, transparency and accountability in

the working of every public authority.
◦ Reduce Corruption
◦ Prevent administrative arbitrariness
◦ Bride the gap between providers and recipient of public
services
◦ Make citizens part of decision making
◦ Make administrative responsive
◦ Strengthen the foundations of democracy
Definition of Right to Information [Section
2(j)]
Right to information accessible under the RTI
Act which is held by or under the control of any
public authority and includes the right to -

i) Inspection of work, documents, records

ii) Taking notes, extracts or certified copies of

documents of records;

iii) Taking certified samples of material;

iv) 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
Definition of Information [Section 2
(f)] 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.
“Public Authority” means any authority or body or
institution established or constituted

By or under the constitution;

By any other law made by Parliament;
By any other law made by State Legislature;
By notification issued or order made by the appropriate
Government and includes any
i) body owned, controlled or substantially financed,
ii) non - Government organization substantially
financed directly or indirectly by funds provided by
the appropriate Government;
 [Sec. 6 & 7]
Application Process
 Apply in person or request in English or
electronically local official language

 Time limit for giving 30 days

information

 If information concerns must be given within

life and liberty of a 48 hrs
person

 If information is given by
add 10 extra days
third party then invite
objections if any

 No action on application deemed refusal

for 30 days

(Reasons for seeking information shall not be asked)

DISPOSAL OF REQUESTS: TIME-FRAME

 In 30 days if direct to PIO

 In 35 days if through APIO
 In 48 hours if life & liberty at stake
 If redirected, in 5 days
 If not given in time, deemed refused
 If further fees required, period between dispatch of
request and deposit of fees will not count
 PIO provides information to
anyone requesting for it

 APIO receives applications and

forwards them to PIO
 Functions of PIO
 Deal with requests for information

 Offer reasonable assistance to applicant

 Provide access-enabling assistance to sensorily

disabled

 Seek assistance from any other officer as

considered necessary

 For the purpose of contravention of this act, such

other officer will be treated as PIO.
 REQUESTS FOR INFORMATION
 Will be made to PIO
 To be in writing/ electronic means (if it can’t be in
writing, PIO will assist to reduce oral request to
writing)
 In Hindi, English, Official language of the area
 Accompanied by prescribed fee
 No reason required
 No personal details required except for contacting
 To be transferred to another public authority if
pertains to them (in 5 days)  applicant to be
informed
 [Sec. 6, 7] Fees payable
 Must be reasonable. No fees for Below Poverty Line applicant

 Application fees prescribed by appropriate Govt. (Rs.50/-)

 Cost of giving information may be charged on the requestor

(Details of fees and how the figure was arrived at must be given in writing)

 Rs. 2/- per page; Rs. 50/- per floppy, others and samples - actual
cost; inspection – 1st hour free, Rs. 5/ - every subsequent 15min

 Requestor may seek review of the fees from the Appellate

Authority if it is unreasonable

 Time between date of dispatch of intimation about fees and

actual payment excluded while calculating 30 day time limit

If information is not given within time

limit it must be given free of cost
(a) National security
(b) Contempt of court
(c) Parliamentary privilege
(d) Trade secrecy
(e) Fiduciary relationship
(f) Foreign government
(g) Safety of informer in law enforcement
(h) Investigation
(i) Cabinet papers
(j) Privacy
(K) Copyright - disclosure which would involve an infringement of
copyright subsisting in a person other than the State may be
rejected. [Section 9]
Who is not covered?
• IB & RAW
• Directorate of Revenue
Intelligence
• Central Economic
Intelligence Bureau
• Directorate of Enforcement
• Narcotics Control Bureau
• Aviation Research Centre
[Sec. 24(1) and Schedule 2]
and any other intelligence
or security organisation
established by State govts.
Matters relating to
corruption and human
rights violations covered
by law must be given

• Special Frontier Force

Information can be given
• CRPF, ITBP, CISF, NSG only if concerned IC
• Special Service Bureau approves
Time limit – 45 days
• Assam Rifles
• Special Branch (CID) Andaman and Nicobar
• Crime Branch (CID) Dadra and Nagar Haveli
• Special Branch Lakshadweep Police
Central Information Commission
 1 Chief Information Commissioner (5 yr term) and max.
10 Information Commissioners (ICs) ( one 5 yr term)

 Central Information Commission to be based in Delhi

 Chief Information Commissioner to be in Delhi but ICs

could be based in other parts

 Commission will be independent of Govt. control

 CIC and ICs to be appointed by President with immediate

effect

 Names recommended by committee - PM (Chair), Leader

of Opposition in the Lok Sabha and 1 Cabinet Minister
nominated by PM
 State Information Commission
 1 State Chief Information Commissioner (5 yr term) and max.
10 State Information Commissioners (SICs) (one 5 yr term)

 State Information Commission could be in any part of the State

– to be decided by the States
 Commission will be independent of State Govt. control

 SCIC and SICs to be appointed by Governor with immediate

effect
 Names recommended by committee - CM (Chair), Leader of
Opposition in the Vidhan Sabha and 1 Cabinet Minister
nominated by CM
 Similar powers and functions as Central Information Commission
Appellate Authority (AA)
[Sec. 12-19] First Appeal
(Internal)

The officer senior in rank to the PIO

in the concerned public authority

(Within 30 days from the date of refusal

letter but delay may be condoned if
sufficient cause is shown)

Time limit = 30 days

Appellate Authority (AA)
[Sec. 12-19] Second appeal
(External)

to Central/State Information Commission

(within 90 days from the date of decision of first AA but
delay may be condoned if sufficient cause is shown)

No time limit for CIC/SIC to decide on appeals

Decision of CIC/SIC Burden of proof lies on PIO
is binding for justifying denial of
information

Appeal against IC’s decision can be filed in High

Courts/Supreme Court, not lower courts
 Penalty Provisions [Sec. 20-21]

 IC can penalise PIO Rs. 250/- per day up to a maximum of

Rs. 25,000/- for -

• Refusal to receive application

Without
• Not furnishing information reasonable
within time limit cause

• Malafidely denying information

• Knowingly giving incorrect,

incomplete, misleading
information
• Destroying information which
was the subject of request
For persistent
violation of the law IC
can recommend
disciplinary action

• Obstructing furnishing of
information in any manner
1 Greater Transparency: With a view to ensuring
maximum disclosure of information regarding
government rules, regulations and decisions, every
public authority is mandated to maintain all its records.
This has increased the interaction between the public
authorities and the society.

32
2. Citizen-Centric Approach to Development:
Now Govt. has shifted to citizen centric approach of
development. Now the Government is aware of this
fact that the citizens can ask for any type of
information and now the approach is concerned with
the development of the country.

33
3. Democratization of information and knowledge:
Information and knowledge regarding the
activities of the government is easily available
now. The Govt. is easily assessable.

34
4. Reduction in Corruption:
Lack of transparency and accountability encourage the government officials
to indulge in corrupt practices, which result in lower investments due to mis-
use or diversion of funds for private purposes. But RTI Act has reduced
corruption to a great deal because Govt. is aware of the fact that now it can be
asked for any type of information so it needs to be cautious.

35
5. Greater Accountability:
It means that the Govt. is required or expected to justify actions
or decisions which it is taking. If anyone isn‟t getting the
benefits which come under the Govt. policies then he/she can
make use of RTI Act.

36
CASES/LIVE EXAMPLES……

37
1. In Ghara Katara village of Shankar Garh block in Allahabad,
daily wagers had a tough time arranging a proper meal as they
were not receiving rations on their cards. On December 19, 2006,
some 21 villagers prepared RTI applications and questioned the
administration. The very next day all the ration card holders got
their rations.
2.The Act is influencing people to come forward and question the progress on
various welfare schemes, creating a positive change in the most backward areas
like Eastern UP, Bihar, Jharkhand, Madhya Pradesh , Karnataka , Assam and in
Maharashtra. For e.g. Laborer employment programs initiated in UP and
Bihar.
3.Even the most backward sections of rural societies are
seeking information related to Prime Minister's Employment
Scheme, Indira Awaas Yojna, ration card, midday meal, uniform
distribution in the schools and the conditions of village roads.
 Adarsh Society Scam
 Public Distribution Scam in Assam
 Appropriation of Relief Funds
 IIM‟s Admission Criteria
The largest democratic nation, India has survived all
vicissitudes, turbulences of all kinds over the last half century
and more.

In that context, the bringing into being of the RTI has been an
important milestone. The Act that came into being last year
assures every citizen the right to know what the citizen should,
and throws open the system of governance to total
transparency and therefore inescapable accountability.

Dr. APJ Abdul Kalam

Inaugural Address at the National Convention on RTI
13-10-2006: New Delhi
 http://rti.gov.in/
 www.icar.org.in
 http://blogs.wsj.com/indiarealtime/2011/10/14/a-
look-at-some-rti-success-stories/