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S. VICTORIYA
Government Law College, Vellore, Tamil Nadu
Introduction:
A healthy democracy relies on transparency, which allows citizens to scrutinize government decisions and policies and actions of the government are open to the public, trust and accountability between the government and its citizens increase. In a country with a large population like India, maintaining such transparency is very difficult.
This goal is facilitated by the Right to Information Act 2005. Before the enactment of this law, obtaining information from the government was not that easy. There were laws like the Indian Evidence Act and the Official Secrets Act to prevent or restrict the obtaining of information from the government. Although the Freedom of Information Act was brought in 2002 to ensure a greater right to information to the citizens of India, there were some restrictions, so the Right to Information Act, 2005 was brought in. This transformed law ensures that the government is people-centered and empowers the citizens by allowing them to search, question, challenge and exercise control over government activities.
Key words: Fundamental Right, right of attainability, Subsidiary, Questioning Power of Citizens, Cross Sectoral Collaboration
Objectives of RTI Act:
● Promoting accountability
● Increasing transparency
● Protecting fundamental rights
● Empowering citizens
● Promoting participatory democracy
● Eliminating corruption
● Implementing fundamental rights
● Eliminating abuse of power
● Involving people in all activities of government
The Right to Information Act 2005 has been designed to function based on the above objectives.
Right to Information:
Citizens have the statutory right to obtain all information in the government's possession [Section 2 (j)]. This right includes:
● To examine the record and documents maintained by public authorities
● To obtain a certified copy of any document or record.
● To take notes of information collected in electronic form.
● To print, record or otherwise obtain any information in any electronic form.
The Right to Information, as embedded in Article 19 (1) (a) of the Constitution, has been reinforced by the Supreme Court of India has held that this right can enhance transparency and accountability in government. The Right to Information has also been stated to be a foundation under Articles 19 and 21.
Section 2 (h): Authorities under this right
● Constitutional bodies
● Statutory bodies
● Non-governmental organisations
● Organisations formed through Government orders and notifications
Procedure for RTI Application:
To file a valid RTI application, the following steps should be done by the applicant
Step 1: Identification of a suitable public authority
[Should be subject to section 2 (h)]
Step 2: Application to be prepared by the RTI
[Should be in a form that satisfies section 6 (1)]i.e.
● May be made in writing or electronically
● Name and address of the applicant
● Name and address of the public office
● Information to be sought
● Application fee etc. should be clearly mentioned
Step 3: Submission of application
[The application may be submitted in person, by post or electronically to the Central or State Public Information Officer appointed under section 6 (1)]
Step 4: Receipt of Acknowledgement
[The Central or State Public Information Commissioner shall issue an acknowledgement of the application within five days of the date of receipt of the application under section 6 (1).]
The receipt shall contain,
● Unique registration number
● Date of receipt of application
● Date expected to reply to the application
Section 7 (1): The Central and State Public Information Officers shall be required to reply to all applications within 30 days. The answer provided by the officer shall contain the following elements:
● Information requested
● Reasons for refusal of information (if information is refused)
● Details of the appellate body
A Right to Information application shall be made through the above steps. If the information requested in the application is not disclosed in a duly filed manner,
Section 19 (1): The applicant is satisfied with the reply given. In case of refusal or refusal of information without proper reasons, the applicant may approach the First Appellate Body. This body shall consist of a Senior Central or State Information Officer.
Section 19 (3): An appeal fee of Rs. 25 shall be paid along with the appeal.
Role of Judicial Interpretation:
One of the important factors for the emergence of Right to Information in India is the court decisions. Because the Indian courts have given importance to the right to information in many important cases and subsequent decisions, the right to information has achieved such a development in the present day. Therefore, the role of Indian courts in the development of Right to Information is very important. Many public interest cases related to Right to Information filed in various courts in India help to clearly understand the content, scope, etc. of this right. Some of the important cases in such cases are as follows:
Union of India vs. Association for Democratic Reforms (2002)
In a PIL filed to obtain details of candidates contesting elections, such as their criminal antecedents, educational qualifications, property details, etc., the Supreme Court of India ordered the Election Commission to disclose the details applied for, holding that the above details of the candidates can be known under the Right to Information of the voters and ordered them to disclose the details applied for.
Dinesh Trivedi, MP and Ors. vs. Union of India and Ors (2004)
A PIL filed in the Delhi High Court with questions on the constitutionality of the Right to Information Act and whether the Right to Information Act can be further explained to MLAs and MPs. The Delhi High Court held that the Right to Information Act is constitutional. Moreover, MLAs and MPs are subject to the term public office under the Right to Information Act. Therefore, it ruled that the provisions of the Act are applicable to them as well.
S.P. Gupta vs. Union of India (2007)
In a public interest litigation case regarding the disclosure of information about Supreme Court judges, namely their assets and liabilities, the Supreme Court of India held that the Chief Justice of India is also a public office under the Right to Information Act. It was held that the provisions of the Act apply to him.
Subhash Chandra Agarwal vs. Delhi Development Authority (2018)
In a public interest litigation case regarding the disclosure of information about the Delhi Development Authority, the Supreme Court of India held that private organizations Institutions receiving partial financial support from the government are also governed by the Act.
Anjali Bhardwaj vs. Union of India (2019)
In a public interest litigation case regarding the disclosure of information about the office of the Attorney General of India, the Supreme Court of India held that the office of the Attorney General of India is also subject to the Right to Information Act and its provisions apply to them.
Chief Information Commissioner vs. High Court of Gujarat (2020)
This case held that all High Courts functioning in India are public offices and are subject to the Right to Information Act.
Impacts of RTI Act:
● Increased accountability in public offices
● Corruption has decreased
● Exposure to corruption has increased
● Human rights have been protected
● Public service delivery has increased
● Given greater power to rural people
● Increased decision-making capacity of the government
Challenges faced by RTI Act
● There is a lack of awareness among citizens, especially rural Indians, about the Right to Information Act.
● In many places, there is no regulatory framework to fully implement the Right to Information Act.
● New information officers appointed under the Act are not given the necessary training.
● The application process is considered to be a very time-consuming process.
● Public Information Officers are unable to respond to RTI applications within the specified time frame.
● Applicants are exposed to many threats.
● The security of applying for information under the Act is questionable.
● The internet facility is not sufficient across the country to fully implement the Act.
● Cyber security is a questionable issue when applying for applications online.
Conclusion:
In conclusion, the Right to Information Act has been a ground breaking legislation in India's popular history. By empowering citizens with the right to pierce information, the Act has promoted translucency, responsibility, and citizen participation in governance.
The RTI Act has had far - reaching impacts, including significant reductions in corruption, better delivery of public services, and enhanced decision-timber capacity of the government. It has also defended mortal rights, promoted social justice, and empowered marginalized communities.
As India continues on its popular trip, the RTI Act remains a vital tool for icing that power remains responsible to the people. Despite challenges and limitations, the Act has been necessary in promoting good governance, translucency, and responsibility in India.
The RTI Act's emphasis on translucency, responsibility, and citizen participation has helped produce a more responsive and responsible government. Its impacts demonstrate the power of informed populace and the significance of uninterrupted sweats to strengthen this vital legislation.
In the final analysis, the Right to Information Act is an important symbol of India's commitment to popular values and its determination to promote translucency, responsibility, and good governance. As India celebrates its 75 times of independence, the RTI Act remains a shining illustration of the country’s efforts to strengthen its popular institutions and promote citizen- centric governance.
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