Introduction

The very existence of a democratic system depends upon equal rights for its people, freedom of speech, and a fair trial and tolerating the views of minorities. In the same way, the government represents the interests of its citizens, so it becomes essential that the government or its representatives freely disclose their functioning before the public. There has to be transparency in the working of the government, where the free ﬂow of information is a must for spreading awareness regarding the rights of the citizens of a democratic society. Thus, the right to information is indispensable for ensuring transparency and accountability of good governance.

The Freedom of Information Act, 2002 was enacted by the Indian Parliament to promote transparency and accountability in administration during the ﬁrst conception of the right to information movement. Later on, this Act was repealed by the newer and more concise, “the Right to Information Act, 2005” made by the legislation of Parliament of India. Under this new law, the Indian citizens are empowered to seek any accessible information from a Public Authority, making the Government and its functionaries more accountable and responsible.

What is RTI?

The Right to information is a part of the fundamental right of freedom of speech and expression, enshrined under Article 19(1) of the Constitution of India. The Right to Information has been made a statutory right through the Parliament’s enactment, the Right to Information Act, 2005. This Act is often termed as revolutionary, as a common man can demand any government agency to furnish information by using this right. Further, this Act mandates timely response to citizens’ requests for government information.

Section 2(j) of the RTI Act deﬁnes “right to information,” which means the right to information accessible under this Act which is held by or under the control of any public authority. Under this act, the citizens can not only seek any information which is held by any public authority, they can also take copies of government documents, Inspect works, documents, records of government, Take notes, extracts, or certiﬁed copies of government documents or records, etc.

Objective of RTI

The motive behind making the Right to Information a statutory right is to secure access to information for the citizens which is under the control of public authorities. To empower citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work in the real sense is the basic objective of the Right to Information Act. As it goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make them more accountable to the governed. The Act is an initiative towards making the citizens well-informed about the activities of the Government and all the public authorities under it.

Which information can be sought under RTI?

According to Section 2 (f) provided by the RTI Act, citizens can seek information from any Public Authority. The power given to the citizens under the RTI Act is limitless. Yet, the Public Authority can refuse details to certain information mentioned under Section 8 of the act and also to that pertaining to national security and defence or some personal information.

From which institutions can one seek information?

Under this act, the citizens can seek information from any public authorities (deﬁned under section 2 (h)) or Appropriate government (deﬁned under section 2(a)). Under this act one can seek information from the Government departments, Municipal Corporations, Government schools, Government hospitals, Government-owned companies, Ministries at the State, Central level, Public Works Departments, Public Sector Units, Government Universities, Judiciary, etc. One can also seek information from the universities, institutions, schools, hospitals or any other body which comes within the ambit of the deﬁnition of “public authority” under the RTI Act.

However, one cannot seek information from just any organisation. One can seek information only from those private bodies or organisations which are owned, controlled, or substantially ﬁnanced by the Government and one cannot seek information directly from any other private bodies.

Who is a Public Information Oﬃcer?

As mandated by the RTI Act, all Public Authorities are required to appoint their Public Information Oﬃcer (PIO), who shall be bestowed with the responsibility of dealing with the public’s requests and providing them the necessary information as speciﬁed under the RTI Act.

Following points to be considered while seeking information under RTI.

1. A request seeking information regarding any public authority, may be submitted by any person in writing to the Public Information Oﬃcer.

2.It is the duty of the PIO to provide the information sought within 30 days of the receipt of the request.

3.When the request is made pertaining to any other public oﬃce whether in whole or part, it is the responsibility of the PIO to transfer the concerned request to a PIO of appropriate authority within 5 working days.

4.Also, there is a proviso to Section 7(1) of the RTI Act which states if information has been sought for concerning the life or liberty of a person, the same shall be provided within 48 hours of the receipt of the request.

5.It is not necessary to furnish any reason for requesting the information nor is required to provide any other personal details, excluding those which are essential for contacting the one seeking the information.

6.The PIO can refuse to give any information if they pertain to 11 subjects prescribed under Section 8 with proper reason for rejecting the request. Also, the PIO can reject the request for the reason speciﬁed under Section 9 of the RTI Act as well. There is also a list of 18 agencies as speciﬁed in the second schedule of the Act to which the Act does not apply. However, when the information asked for pertains to allegations of corruption or violation of human rights, they too have to furnish information regarding it.

Steps to ﬁle RTI

1.Write an application in writing, or if you want, you can get it typed as well on a paper in English or Hindi or in the oﬃcial language of that State. The format of writing the application has been attached with this article as Annexure-A. Even though there is no prescribed format for writing an application, some states have prescribed their format for RTI applications to be followed accordingly.

2.Address the application to the Public Information Oﬃcer (PIO) of the concerned public authority or department.

3.Ask questions to any Government Department or ask any public authority to furnish any information. When asking questions, make them speciﬁc. The questions should be clear and complete.

4.Avoid asking vague questions as it will be diﬃcult for the concerned PIO to supply information.

5.Write your full name along with your contact details and address in your application.

6.A fee of Rs 10/- has to be paid if the information pertains to Central Government Departments. However, different states have prescribed their own fees under the RTI rules formed by such states, which must be paid under the prescribed amount.

7.If the request cannot be made in writing, the PIO of the Central or the State Government department must provide all the reasonable assistance to the person making the request orally and reduce the same in writing.

8.Remember to keep a copy of the application ﬁled with the PIO with you for your own reference.

9.Then go to the post oﬃce and submit your application accompanied by the requisite fee to issue you a receipt and acknowledgment of the same.

10. An RTI can also be ﬁled online at www.rtionline.gov.in.

Appeals

In case the applicant doesn’t receive the information sought for or is unsatisﬁed with the information so received, one may ﬁle an appeal with the First Appellate Authority as provided under Section 19(1) of the RTI Act. The ﬁrst appeal has to be ﬁled within 30 days of receipt of information or within 60 days of ﬁling the RTI application where no information is provided within the prescribed time limit. Further, suppose you do not receive information even after ﬁling the ﬁrst appeal or aggrieved with the First Appellate Authority order. In that case, you can apply for a second appeal.

Conclusion

The Right to Information Act, 2005 is an effective initiative to create transparency and keep a check on the working of public oﬃces. Through RTI, these public authorities come under the scrutiny of the public, and the citizens get to know more about the system of the Government by having access to the information under the RTI Act. It makes the government accountable and helps in constraining unbridled corruption, which takes place in the oﬃces of the public authorities.