The Right to Information (RTI)

The Right to Information (RTI)

 

Introduction:

  • The Right to Information (RTI) Act provides each individual with the right to seek and receive information and ideas related to any issue through any media regardless of any boundary. It came into action when the Universal Declaration of Human Rights was adopted in 1948.
  • The bill for the Right to Information Act was amended in 2005. The International Covenant on Civil and Political Rights, 1966, allows everyone to have freedom of expression and the freedom to exchange various information and ideas. For the practical implementation of this idea, a system for Indian citizens was created to allow information and idea exchange as a matter of right. The Right to Information Act, 2005 (RTI Act 2005) was enacted by the Indian Parliament.

 

Historical Background of RTI:

  • It gained power when the Universal Declaration of Human Rights was adopted in 1948 providing everyone the right to seek, receive, information and ideas through any media and regardless of frontiers.
  • The International Covenant on Civil and Political rights 1966 states that everyone shall have the right to freedom of expression, the freedom to seek and impart information and ideas of all kinds.
  • According to Thomas Jefferson “Information is the currency of democracy,” and critical to the emergence and development of a vibrant civil society. However, with a view to set out a practical regime for the citizens to secure information as a matter of right, the Indian Parliament enacted the Right to Information Act, 2005.
  • Genesis of RTI law started in 1986, through judgement of Supreme Court in Mr. Kulwal v/s Jaipur Municipal Corporation case, in which it directed that freedom of speech and expression provided under Article 19 of the Constitution clearly implies Right to Information, as without information the freedom of speech and expression cannot be fully used by the citizens.

 

About Right to Information (RTI) Act, 2005:

  • It is a law enacted by the Parliament of India "to provide for setting out the practical regime of right to information for citizens.
  • The Right to Information is derived from our fundamental right of Expression under Article 19 of the Constitution of India.
  • The Act applies to all States and Union Territories of India.
  • Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") by making an application in writing or through electronic means.
  • The information seeker is not required to give reasons for seeking information.

Time Period for Supply of Information:

  • In the normal course, information to an applicant shall be supplied within 30 days from the receipt of the application by the public authority.
  • If the information sought concerns the life or liberty of a person, it should be supplied within 48 hours.
  • Public Information Officer (PIO): Every public authority shall designate some of its officers as PIOs. They are responsible for giving information to a person who seeks information under the RTI Act.
  • The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request information formally.

Exemptions:

  • It also contains several exemptions which enable public authorities to deny requests for information. It ranges from the sovereignty and security of India to trade secrets.
  • Section 24 of the act exempts certain security and intelligence organizations from the purview of the act except the information pertaining to the allegations of corruption and human rights violations.

 

What is the need of RTI ?

  • Right to information is the need of the current scenario because it assists to maintain transparency and accountability in government work.
  • This Act is very necessary for each and everyone due to this our government officials and public institutions gathered information and worked upon them.
  • It embedded the right of every citizen of India to have access or control of the information related to finance to any authority by the state, thereby responsibility arises on the authority to use the information effectively without including any corrupt activities.
  • The poor and underprivileged are also empowered by this Act, which grants them the right to seek and receive information on government policies and actions. This, in turn, results in their well-being.
  • It has exposed high-level corruption, such as in the Commonwealth Games organization and the distribution of 2G spectrum and coal blocks.
  • It increases policymakers' decision-making capabilities by removing unneeded secrecy.

 

What is the process of filing a complaint under RTI ?

  • The Act also said that any person may file a written request to an officer (PIO) which is appointed by the authority which is covered by this Act.
  • It is the obligation to entertain the request made by citizens. If the officer is not present then the applicant has the option to file a request in front of the state or “central information commission”.
  • It also provides a time limit so that the process can be done speedily. Different time limits are prescribed for different situations:
    • When an application is entertained by any PIO then they have an obligation to reply to the application within a time limit of 30 days and any application which is presented before assistant PIO must be replied to within 35 days.
    • The application transfers to another PIO in 30 days which starts or counts from the day on which its application is transferred.
    • Any application presented in relation to information regarding corruption by any schedule secured agency or any kind of violation of human rights which are covered under schedule II of RTI Act then reply must be given within 45 days with the permission of the central information commission.
    • PIO is required to give information which includes “right to life and liberty” of the person.

 

Role of the Government In RTI:

  • Section 26 of the Act enjoins the central government, as also the state governments of the Union of India (excluding J&K), to initiate necessary steps to:
    • Develop educational programs for the public especially disadvantaged communities on RTI.
    • Encourage Public Authorities to participate in the development and organization of such programs.
    • Promote timely dissemination of accurate information to the public.
    • Train ocers and develop training materials.
    • Compile and disseminate a User Guide for the public in the respective local language.
    • Publish names, designation postal addresses and contact details of PIOs and other information such as notices regarding fees to be paid, remedies available in law if the request is rejected etc.

 

Challenges in the implementation of the RTI Act:

 

Amendment of RTI Act in 2019

  • The government of India, in August 2019, amended the RTI Act and notified the new RTI Rules in October 2019. These amendments have significantly impacted the autonomy of the RTI Act.
  • These amendments gave the Union government the power to fix the tenure, salaries and terms and conditions of service of the Information Commissioners (ICs), including the Chief Information Commissioner (CIC) in the Central Information Commission (CIC) and the State Information Commissioners (SICs).
    • It also gives the Union government power to make rules concerning matters about State ICs.
    • Thus, the executive and not the legislature will get to determine the terms and conditions of the service of the Information Commissioners.

 

  • The original RTI Act gave CICs and ICs a status equal to the Chief Election Commissioner (CEC) and Election Commissioners (ECs), which also put them at par with the judges of the Supreme Court insofar as salaries, allowances and other terms and conditions of services were concerned.
    • However, in the amended Act, CICs and SICs have been equated with serving civil servants, who are placed in the same pay grade.
    • CIC is equated with a cabinet secretary and other ICs with secretaries. ICs are thus made subordinates to the CIC, who is made a subordinate to the government.

 

  • The tenure of a CIC and all ICs in the Central Information Commission (CIC) and State Information Commissions (SICs) have been reduced to three years, instead of the previous five years.
  • The Central Government is empowered to relax the provisions of any of the rules concerning any class or category of persons.
  • This raises serious concerns that the government could potentially invoke these powers to determine different tenures for different commissioners at the time of appointment.
  • It is widely believed that the RTI amendment may weaken the position of ICs. It will be now easier to remove them if the central government is not happy with them.
  • This is bound to impact the autonomy of the Commission. Their lower status now would attract less talented people to work in the Commission.

 

Steps to improve the effectiveness of the RTI Act

  • The RTI Act has been in operation for over a decade now. Many positive and negative sides of the RTI Act have been noticed.
  • Many people are not aware of the negative sides of RTI since public servants are not allowed to express their views before the media due to Conduct Rules.
  • However, their views must be taken into account and the RTI Act must be modified to serve its desired purpose.

The following suggestions may improve and optimize the RTI Act:

  • The information asked should pertain to the person asking for the information.
  • If information is asked in the public interest, the reasons must be disclosed. The PIO must take public interest into account while disclosing the information.
  • Penalty or costs for frivolous RTI applications should be imposed.
  • The fee for getting information must be revised and the actual cost of providing the information must be recovered from the applicant.
  • The information must be supplied with a caveat that it can’t be used for commercial or publicity purposes.

 

 Way forward

  • The SC through its verdicts, like in the case of electoral bonds, must reaffirm the right of information as a cardinal virtue of democracy.
  • The information associated with the RTI Act and its functioning must be made available in the local language, considering the diverse nature of our country.
  • Education about the right to know should be made mandatory at the school level in our new education policy to develop a sense of responsibility and vigilant citizenship in the forthcoming generation.
  •  The parliament must bring the Political parties under the ambit of RTI to ensure proper functioning of the Great Indian democracy.