Right To Information Act 2005

What makes the Right To Information Act 2005 special is its power and practicality to seek and get information from government authorities. The law also promoted transparency and accountability in public authorities.

Right to Information Act 2005 mandates timely response to citizen requests for government information.

It is an initiative taken by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide an– RTI Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities, PIOs etc. amongst others, besides access to RTI related information/disclosures published on the web by various Public Authorities under the government of India as well as the State Governments

Table of Contents

Objective of the Right to Information Act

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• The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in a real sense.
• An informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed.
• The Act is a big step towards making the citizens informed about the activities of the Government.

Salient Features of the Right To Information Act 2005

• Replaced Freedom of Information Act 2002.
• RTI relaxes restrictions placed by the Official Secrets Act 1923.
• 3 Levels – Public Information Officer, First Appellate Authority, Central Information Commission(CIC).
• Period for Public Information Officer: Expeditiously or within 30 days from the date of receipt by public authority.
• The maximum time gap for 1st appeal: is 30 days since the limit of the supply of information has expired.
• Time for Appellate Authority: Within 30 days or in exceptional cases 45 days from the date of receipt by public authority.
• The maximum time gap for 2nd appeal: is 90 days since the limit of the supply of information has expired.
• RTI act also asks for computerization and proactively publishes information.
• Bodies applicable under RTI: Constitutional bodies at the centre and state ( Legislature, Executive, Judiciary), bodies/NGOs owned/financed by the government, and privatized public utility companies.
• Bodies excluded under RTI: Central Intelligence and Security Agencies, agencies of state specified through notification. The exclusion is not absolute.
• Central Information Commission shall consist of 1 Chief Information Commissioner and up to 10 Central Information Commissioners.
• The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters his office and shall not be eligible for reappointment.
• 31 sections and 6 chapters in the act.
• Section 8 deals with information exempted under the purview of this act.
• From October 31 st, 2019 the central RTI Act passed in 2005 applies to J&K instead of the RTI law passed in 2009 by the then Omar Abdullah-led Govt on March 20 th 2009 (J&K RTI Act 2009).

Right to Information Amendment Act 2019

The Right to Information (Amendment) Act, of 2019, is a significant piece of legislation that amended the original Right to Information Act, of 2005, in India.

• The Right to Information (RTI) Act, of 2005, was enacted to empower citizens, promote transparency and accountability in the working of the government, and make our democracy work for the people in a real sense.
• It allows Indian citizens to request information from a public authority, which must reply expeditiously or within thirty days.

Key Amendments Made in 2019:

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The 2019 amendment to the RTI Act brought about changes concerning the tenure, salary, and allowances of the Chief Information Commissioner (CIC) at the central level and Information Commissioners (ICs) at the central and state levels.

1. Tenure: Before the amendment, the tenure of the CIC and ICs was fixed at 5 years or until the age of 65, whichever is earlier. The amendment removed this fixed tenure, stating that the tenure will be as prescribed by the Central Government.
2. Salary and Allowances: The original RTI Act specified that the salary and allowances of the CIC and ICs at the central level would be equivalent to those of the Election Commissioners and, at the state level, equivalent to the Chief Secretary of the State Government. The amendment changed this, empowering the Central Government to determine the salary, allowances, and other terms and conditions of service of the CIC and the ICs.
3. Status and Ranking: The amendment also removed the provisions that equated the status of the CIC with that of the Chief Election Commissioner and that of an IC with that of an Election Commissioner. The status, salary, and allowances of state ICs were also subject to revision under the amendment.

Impact of the RTI Act

• Enhanced Transparency and Accountability: By enabling access to information, the RTI Act has made the workings of the government more transparent and accountable to the citizens.
• Empowerment of Citizens: It empowers the common man to seek and obtain information about government activities and decisions, promoting an informed citizenry.
• Reduction in Corruption: The possibility of public scrutiny has acted as a deterrent to corruption within public offices, as actions and decisions need to be recorded and could be made public.
• Improved Governance: The Act has led to better governance practices, as public authorities are now more vigilant and responsible, knowing that citizens can request information regarding their actions.

Challenges

Despite its success, the implementation of the RTI Act faces challenges such as:

• Lack of awareness among citizens about their rights under the Act.
• Reluctance and resistance from some parts of the bureaucracy in sharing information.
• Delays and backlogs in the processing of RTI requests and appeals.

The Right to Information Act, of 2005, is a powerful tool for democracy and good governance, empowering citizens to participate more actively in the democratic process by making the government more open, accountable, and transparent.