Blog Details

Author - Associate Zarmeen Jahan

Introduction

Right to Information (RTI) is a demonstration of the Parliament of India to accommodate setting out the handy system of the privilege to data for natives and replaces the past Freedom of data Act, 2002. Under the arrangements of the Act, any resident of India may demand data from an "open power" (a group of Government or "instrumentality of State") which is required to answer quickly or inside thirty days. The Act likewise requires each open power to modernize their records for widespread and to proactively certain classes of data so the natives need least plan of action to demand data officially. The law was passed by Parliament on 15 June 2005 and came completely into power on 12 October 2005. This Right is to understand, keeps a mind the Government and guarantees the nonattendance of any maladministration. If this Right to Know is detracted from the individuals, it would be an immediate type of debilitation. In this manner, the Right to Information is critical for the correct working of a majority rules system and this has even been valued by the Courts in India.

The essential partners in RTI are –

• Citizens
• Open Authorities involving Public Information Officers and the Appellate
• Focal and State Information Commissions.

One significant assignment of the State both at focus just as at the state level is to designate the Chief Information Commissioners and different Commissioners and it is unmistakably expressed in the demonstration that those individuals who will be delegated for these positions ought to have the foundation of social Service, news coverage, scholastics, law specialist.

Section 2(f) of the RTI Act defines Information as:

“Information” means any material in any form, including records, documents, memos, e-mails, opinions, advice, 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 a time being in force.

Right to Information (RTI) is defined under Section 2(j) as:

“Right to Information” means the Right to Information accessible under this 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 or records;

   iii. Taking certified materials;

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 device.

Conditions of RTI

The law mandates that the information has to be given within 30 days. Citizens can ask information by getting Xerox copies of documents, permissions, policies, and decisions. Inspections of files can also be done and samples can be asked. All administrations offices of public authorities have to appoint ‘Public Information Officers’ (PIO) or ‘Assistant Public Information Officers’ (APIO). Citizens apply for information to the Public Information Officer of the concerned office.

Cases related to RTI

The State of U.P. vs Raj Narain case (1975) (landmark case)

It was held that “In a government of responsibility like ours, where all the agents of the public must be responsible for their conduct, there can be but few, secrets. The people of this country have a right to know every public act, everything that is done in a public way, by their public, functionaries. They all entitled to know the particulars of every public transaction in all its importance.”

People’s Union for Civil Liberties vs Union of India

It was held that “Right to Information is a facet of the freedom of ‘speech and expression’ as contained in article 19(1) (a) of the constitution of India. Right to Information, thus, indisputably is Fundamental Right.”

Conclusion

The Right to Information Act, as it stands today, is a solid device to maintain the soul of the majority rules system. The need of great importance is that the RTI Act ought to be actualized to guarantee that the objects of the RTI Act are satisfied. Any endeavour to weaken the arrangements of the RTI Act will just suppress its prosperity. Since the initial phase in purifying any framework is to uncover its disquietude, a similar technique should be followed in RTI also. Translation of the Statute assumes an exceptionally enormous job as it enactment legitimately identified with a crucial right ensured by the Constitution of India.