Right To Information

SEMINAR
ON
RIGHT TO INFORMATION ACT, 2005: A NEW EPOCH IN THE HISTORY OF INFORMATION IN INDIA
SUBMITTED TO
THE DIRECTOR UGC-ACADEMIC STAFF COLLEGE SANT GADGE BABA AMRAVATI UNIVERSITY, AMRAVATI
17TH ORIENTATION PROGRAMME

22ND AUGUST TO 18TH SEPTEMBER, 2012
SUBMITTED BY
DR. VIJESH B. MUNOT

ASST. PROFESSOR
AMOLAKCHAND VIDHI MAHAVIDYALAY, YAVATMAL
Right To Information Act, 2005: A New Epoch in the History of Information in India
Dr. Vijesh B. Munot
Assistant Professor Amolakchand Vidhi Mahavidyalaya, Yavatmal- 445001
THE REAL SWARAJ WILL COME NOT BY THE ACQUISION OF AUTHORITY BY A FEW BUT BY THE ACQUISION OF CAPACITY BY ALL TO RESIST AUTHORITY WHEN ABUSED Mahatma Gandhi
Information is power in todays epoch. The overall development and progress of social, economic, political and educational life depends mainly upon the quantum of information one acquire. Information is the lifeblood that sustains political, social and business decision. Power resides in those entities control the communications system and consequently the gathering, processing and distribution and storage of information. At the International level, Right to Information and its aspects find articulation as a human right in most important basic human rights documents, namely, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. At regional levels, there are numerous other human rights documents, which include this fundamental right for example, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the American Convention on Human Rights, the African Charter on Human and Peoples Rights, etc. The Commonwealth has also formulated principles on freedom of information. The Indian Parliament had enacted the Freedom of Information Act, 2002 in order to promote transparency and accountability in administration. The National Common Minimum Program of the Government envisaged that Freedom of Information would be made more progressive, participatory and meaningful. The Second Administrative Reforms Committee Report (June 2006) remarks Right to Information as the master key to good governance. Access to information can empower
Seminar on Right to Information by Prof. Adv. Vijesh B. Munot, Amolakchand Vidhi Mahavidyalaya, Yavatmal.
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the people and particularly the weaker sections of the society, to demand and get information on various development schemes implemented for them thereby ensuring participatory governance and the effective and efficient use of public money. Experiences in the State in these years proves that the Act has great potential to bring about far reaching Changes in governance, strengthening democracy and controlling corruption, if used in its true letter and spirit.
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The concept of Right to Information or freedom of information, has gained significance and assumed lot of importance not only in recent time but we can found its root since ancient/Vedic Period. This concept is a well-known concept intimately
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connected with the very democratic concept itself and in all most of the democratic countries, this is a well recognized right. Citizens groups have long battled for the exercise of these rights in courts. The movement for the right to information received a fresh impetus from a courageous and powerful grassroots struggle of the rural poor for the right to information, to combat rampant corruption in famine relief works. This struggle was led by a peoples organisation, the Mazdoor Kisaan Shakti Sangathan ( MKKS- which literally means organisation for the empowerment of workers and peasants). The reverberations of this struggle led to a nationwide demand for a law to guarantee the right to information to every citizen, with widespread support from social activists, professionals, lawyers, and persons within the bureaucracy, politics and the media, who are committed to transparent and accountable governance and peoples empowerment. Three successive federal governments in quick succession have committed themselves to the passage of a law to guarantee the peoples right to information and some State Governments have actually passed such laws and administrative instructions. This article is an attempt to outline firstly the significance of the right to information, particularly in empowering ordinary citizens to combat State corruption. It will describe in some detail the most important grassroots struggle for the right to information, which has succeeded in linking the entire movement in the country to the struggles for survival and justice of the most poor. It would then delineate the constitutional history of the right, and attempts through the Courts to breach the culture of secrecy of the executive, and initiatives from persons within the Government. HISTORICAL BACKGROUND AND CONCEPTUAL FRAMEWORK: If we go back, we can see that secrecy is the rule and disclosure of governmental information is an exception. The battle for appropriate legislation for the right to information has been fought on two main planks. The first is a demand for amendment of the draconian colonial Official Secrets Act, 1923 and the second, campaign for an effective law on the right to information. The Official Secrets Act, 1923, is a replica of the erstwhile British Official Secrets Act. During the last decade, the focus of citizens groups has shifted from demanding merely an amendment to the Official Secrets Act, to the demand for its outright repeal, and its replacement by a
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comprehensive legislation, which would make disclosure the duty and secrecy the offence. Because even the powerful grassroots organization like MKSS continues to experience enormous difficulties in securing access to and copies of Government documents, despite clear administrative instructions that certified copies of such documents should be available to the citizen on demand. This highlighted to citizens groups how important it is that the peoples right to information should be enforceable by law. It has taken India 82 years to transition from an opaque system of governance, legitimized by the colonial Official Secrets Act, to one where citizens can demand the right to information. The recent enactment of the Right to Information Act, 2005 marks a significant shift for Indian democracy, for the greater the access of citizens to information, the greater will be the responsiveness and accountability of government to community needs and thereby securing the transparency in States affair. RIGHT TO INFORMATION AND CONSTITUTIONAL BASIS: There is no specific right to information in the Constitution of India. However, the right to information has been read into the Constitutional guarantees, which are a part of the Chapter III on Fundamental Rights. These include the Right to Equality and Equal Protection before the Law (Article 14), the Right to Freedom of Speech and Expression (Article 19 (1) (a)) and the Right to Life and Personal Liberty (Article 21). The Right to Constitutional Remedies in Article 32, backs these that is, the Right to approach the Supreme Court in case of infringement of any of these rights. These rights have received dynamic interpretation by the Supreme Court over the years and can truly said to be the basis for the development of the Rule of Law in India. As pointed out by H.M. Seervai, Corruption, nepotism and favoritism have led to the gross abuse of power by the Executive, which abuse has increasingly come to light partly as a result of investigative journalism and partly as a result of litigation in the Courts. In LIC v. Manybhai D. Shah (AIR 1981 Guj. 15), the Supreme Court explained the importance of freedom of information being an integral part of it. The Court held that:
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Speech is Gods gift to mankind. Through speech, a human being conveys his thought, sentiments and feelings to others. Freedom of speech and expression is thus, a natural right which a human being acquires on birth. The right includes freedom to hold opinions without interference and to seek and reaeive and imparts information and ideas through any media and regardless of frontiers. The Supreme Court in Union of India v. Association for Democratic Reforms (AIR
2002 SC 2112)
held that the right to receive information in democracy is recognized all
throughout and it is natural right flowing from the concept of democracy. The landmark case in freedom of the press in India was Bennett Coleman & Co. vs. Union Of India (AIR 1973 SC 783) in which the petitioners, a publishing house bringing out one of the leading dailies challenged the governments newsprint policy which put restrictions on acquisition, sale and consumption of newsprint. This was challenged as restricting the Petitioners rights to freedom of speech and expression. The court struck down the newsprint control order saying that it directly affected the Petitioners right to freely publish and circulate their paper. In that, it violated their right to freedom of speech and expression. The judges also remarked, It is indisputable that by freedom of the press meant the right of all citizens to speak, publish and express their views and Freedom of speech and expression includes within its compass the right of all citizens to read and be informed. The principle was even more clearly enunciated in a later case [Indian Express Newspapers (Bombay) Pvt. Ltd.vs Union ofIndia (1985) 1 SCC 641)] where the court remarked, The basic purpose of freedom of speech and expression is that all members should be able to form their beliefs and communicate them freely to others. In sum, the fundamental principle involved here is the peoples right to know. In the area of civil liberties, the courts have built up the right to have a transparent criminal justice system free from arbitrariness. In Prabha Dutt vs. Union of India (AIR
1982 SC 6),
the Court held that there excepting clear evidence that the prisoners had
refused to be interviewed; there could be no reason for refusing permission to the media to interview prisoners in death row. Repeated violations of civil rights by the police and other law enforcement agencies have compelled the courts to give, repeatedly, directions to the concerned agencies for ensuring transparency in their functioning in order to avoid violations like illegal arrests and detention, torture in custody and the like.
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Developments in administrative law further strengthened the right. In State of U.P Vs. Raj Narain (AIR 1975 SC 865) the respondent had summoned documents pertaining to the security arrangements and the expenses thereof of the then Prime Minister. The Supreme Court, in examining a claim for privilege of certain documents summoned the kept to itself the power to decide whether disclosure of certain privileged documents was in the public interest or not. The Court said, While there are overwhelming arguments for giving to the executive the power to determine what matters may prejudice public security, those arguments give no sanction to giving the executive exclusive power to determine what matters may prejudice the public interest. Once considerations of national security are left out there are few matters of public interest which cannot be safely discussed in public.(emphasis added) Justice K.K.Mathew went further to say, 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 are entitled to know the particulars of every public transaction in all its bearing. The right to know which is derived from the concept of freedom of speech, though not absolute, is a factor, which should make one wary, when secrecy is claimed for transactions, which can, at any rate, have no repercussion on public security. To cover with veil of secrecy, the common routine business, is not in the interest of the public. Such secrecy can seldom be legitimately desired. It is generally desired for the purpose of parties and politics or personal self-interest or bureaucratic routine. The responsibility of officials to explain or to justify their acts is the chief safeguard against oppression and corruption. PURPOSE OF RIGHT TO INFORMATION The main purpose of the Right to Information is to create and strengthen open Government and to secure to the best possible extent a Government that is free from corruption and arbitrariness. Creating the firm feeling of accountability and responsibility on the part of Government and Public authority and thereby securing the transparency in public affair is nothing but the object of the Act. Nevertheless, the Government as such shall go on with its administration free from outside interference and free from interested or motivated obstructions. The public is entitled to know where the Government faults and seek rectification of the defaults. What the public would do with the information obtained that depends upon the wisdom of the people.
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The right to information is expected to improve the quality of decision making by public authorities, in both policy and administrative matters, by removing unnecessary secrecy surrounding the decision making process.
RIGHT TO INFORMATION ACT, 2005: BEGINNING OF NEW ERA

I BELIEVE THAT THE PASSAGE OF THE BILL WILL SEE THE DAWN OF A NEW ERA IN OUR PROCESS OF GOVERNANCE, AN ERA OF PERFORMANCE AND EFFICIENCY, AN ERA WHICH WILL ENSURE THAT BENEFITS OF GROTH FLOW TO ALL SECTIONS OF OUR PEOPLE, AN ERA WHICH WILL ELIMINATE THE SCOURGE OF CORRUPTION, AN ERA WHICH WILL BRING THE THE COMMON MANS CONCERN TO THE HEART OF ALL PROCESSES OF GOVERNANCE, IN ERA WHICH WILL TRULY FULFILL THE HOPES OF THE FOUNDING FATHERS OF REPUBLIC. Prime Minister of India
Speech in Parliament on May 11, 2005 The coverage of the right to information act-2005 is wider. Several institutions build through the Constitution, Parliamentary Acts, State Legislative Assembly and Council Acts, Government Organizations, private organizations and NGOs, which are receiving substantial financial support from either State or Central Government come under the purview of the right to information Act. All these institutions are bound to give the required information to the citizens within a prescribed period of 30 days for the normal information, information relating to human rights/life within 48 hours and 45 days for the information from the third party. If the given time period is expired in giving the information to the concern citizens, then there will be a penalization of the Public Information Officer at the rate of Rs. 250/- per day. The fine may be up to Rs 25,000/-. Because of rigorous provisions in the Act, there is every possibility for the citizens to get the information of the State documents and records. The Government of India has enacted the Right to Information Act, 2005, a landmark Act in the the history of the largest democracy in the world, with a view to transform the service level of Government to citizens. The act aims at bringing transparency in governance and promoting accountability in the functioning of public authorities.
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No doubt, the citizens have got a powerful weapon in their hands, but its responsible use is called for it should not be used in a frivolous manner. Therefore it is very necessary to impart rigorous training to the public Information Officers and to make people in general and particularly those living in rural areas and those believing to socially disadvantaged sections of the society, aware of varies provisions in the act and how to use it to increase their participation in the functioning of our democratic institutions. Administrative Law is growing subject, which governs the administration of describes the powers, functions of the Administrative agency of Government. Information is the lifeblood that sustains political, social and business decisions.
RIGHT TO INFORMATION AND TRANSPARENCY

The right to information has been recognized at global level and many countries have signed number of conventions, which guarantee this right. In fact, this global recognition of the right has led to incorporation of right to information and right to know as constitutional rights in many countries. The right to information or freedom of information, are aimed at mainly to provide openness in government functioning and in fact it is far reaching experiment. No doubt, already there had been certain legislation by certain States in our country, but the parliament had thought of making and enactment in this regard only recently. The object of this enactment is to have greater transparency and accountability. In a democratic country like India, the administration is expected to be opened, transparent and accountable to people. This avowed object can be secured only when every citizen has the freedom to secure access to information under the control of public authorities, which however, must be consistent with people interest. In order to make the Government more transparent and accountable to the public, the right to information is essential.
Then.. and Now

Secrecy functioning Information given at discretion No legal remedy for non disclosure All information is secret unless there is a a pillar of government Transparency a pre-condition to good governance Information a legally enforceable right Penalty for non-disclosure All information is available unless there
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strong reason for releasing it State as locus of control
are strong reasons for denying it Citizen as sovereign
AIM & OBJECTIVE OF THE ACT

To set out the practical regime of right to information for citizens To secure access to information under control of Public Authorities To promote transparency and accountability To control and curtail corruption
PUBLIC AUTHORITY- ITS COVERAGE

Public Authority means any authority or body or institution established or constituted By or under the constitution; By any other law made by Parliament; By any other law made by State Legislature; By notification issued or order made by the appropriate Government and includes anyi) body owned, controlled or substantially financed, ii) non - Government organization substantially financed, directly or by funds provided by the appropriate Government; indirectly
WHAT DOES INFORMATION MEANS

The material held in any form including electronic: Records Documents Memos, E-mails Opinions & advices Press releases
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Circulars, orders & logbooks Contracts Reports, papers ,samples & models
SCOPE OF THE RIGHT TO INFORMATION

Right to information includes the right to: inspection of work, documents, records; taking notes, extracts or certified copies thereof; taking certified samples of material; 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;
EXEMPTIONS
Information which would prejudicially affect
sovereignty and integrity of India; security/strategic/scientific/economic interests of the State; relation with foreign State Information which might incite an offence Information which is forbidden by a Court; that causes a breach of privilege of the Legislature; would harm the competitive position of a third party; is held in fiduciary relationship, unless larger public interest warrants disclosure; received in confidence from foreign Government; would endanger the life of any person; would impede the process of investigation; would involve an infringement of copy right, Commercial confidence, trade secrets or intellectual property Personal information which has no relationship to any public activity or interest
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Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and officers.
INFORMATION OFFICER HIERARCHY

Central/State Information Commission Officer senior in rank to the Central/State Public Information Officer (Appellate Authority) Central/State Public Information Officer Assistant Public Information Officer
Application for seeking information should be made to an officer of the public authority who is designated as Central Public Information Officer (CPIO). All the public authorities have designated their Central Public Information Officers and have posted their particulars on their respective web sites.
FEE FOR SEEKING INFORMATION

1. The applicant, along with the application, should send a demand draft or a bankers Cheque or an Indian Postal Order of Rs. 10/- (Rupees Ten), payable to the Accounts Officer of the public authority as fee prescribed for seeking information. The payment of fee can also be made by way of cash to the Accounts Officer of the public authority against proper receipt. 2. The applicant may also be required to pay further fee towards the cost of providing the information, details of which shall be intimated to the applicant by the CPIO/SPIO as prescribed by the Right to Information (Regulation of Fee and Cost) Rules, 2005. 3. Rates of fee as prescribed in the Rules are given below: a. Rupees Two (Rs. 2/-) for each page (in A-4 of A-3 size paper) created or copied; b. Actual charge or cost price of a copy in larger size paper; c. Actual cost or price for samples or models; d. For inspection of records, no fee for the first hour; and a fee of Rupees Five (Rs. 5/-) for each subsequent hour (or fraction thereof);
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e. For information provided in diskette or floppy rupees fifty (Rs. 50/-) per diskette or floppy; and f. For information provided in printed form at the price fixed for such publication or rupees, two per page of photocopy for extracts from the publication. g. If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee. However, he should submit a proof in support of his claim to belong the below poverty line. The application not accompanied by the prescribed fee of Rs. 10/- or proof of the applicants belonging to below poverty line, as the case may be, shall not be a valid application under the Act and therefore, does not entitle the applicant to get information.
FIRST APPEAL
a. If an applicant is not supplied information within the prescribed time of thirty days or 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the PIO. Such an appeal should be filed within a period of thirty days from the date on which the limit of 30 days of supply of information is expired or from the date on which the information or decision of the CPIO/SPIO is received. b. The appellate authority shall dispose of the appeal within a period of thirty days or in exceptional cases within 45 days of the receipt of the appeal.
SECOND APPEAL
If the appellate authority fails to pass an order on the appeal within the prescribed period or if the appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the Central Information Commission within ninety days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant. The recognition of the right to information as being an integral part of the constitutional guarantees of freedom of speech and expression finds its genesis in various Supreme Court decisions challenging governmental control over newsprint and bans on the distribution of newspapers. Transparency of action and accountability perhaps are the two possible safeguards, which one and all must insist upon.
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The areas of suggestions are as follows1. There is extensive need to widen the scope of awareness of people about right to information and legal provisions thereof. 2. There is real exigency to give training to public authorities for better implementation of right to information in its real sense. 3. There is need to have suitable amendments so that delinquent and faulty information officer definitely get penal punishment under the law. 4. There is need to widen the scope of coverage of public authorities. NGOs and Cooperative sector shall come under the purview of RTI. 5. The processing of application shall be as fast as possible without waiting for the completion of legal time given under the law. 6. PIO shall assist sincerely disabled person to enable access to information. 7. Voluminous/frivolous information and chronic information seeker shall be regularizing without damaging the gist and essence of the Act. 8. Personal information causing unwarranted invasion of privacy shall be restrained. 9. There is need to have extensive revision of term information. 10. A massive awareness campaign is necessary to educate the citizens about the RTI Act and encourage citizen involvement.
Annexure A (See Rule 3)
Specimen form of Application for obtaining information under Right To Information Act, 2005
To, Central/State Public Information Officer,
1. Full name of applicant 2. Address

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3. Particulars of information sought i. Subject matter
ii. Time/Period to which information relates: iii. Details of information iv. Mode of information require-By post; v. In case of post-registered Post. Place: Date: References:
1. 2. Bindal C. M. Pandey, J. N. : Guide to The Right To Information Act, Snow White Publication. : Constitutional Law of India, 42nd Edition 2010, Central Law Agency, Allahabad. 3. Acharya N. K. : Commentary On The Right To Information Act 2005 Publication: - ASIA LAW HOUSE, HYDERABAD. 4. 5. 6. Selkar Adv. Abhya: The Right to information, Publication:- Nasik law House. Aurangabad. Barowalia, Dr. J.N.: Commentary on the Right to Information Act, Universal law publishing Co. Right to Information Movement in India: Article by Dr. E. Venkatesu, Asst.Professor Centre for Panchayati Raj National Institute of Rural Development Rajendra Nagar, Hyderabad-500030.
Sign of Applicant
Web-Sites:
1. abhibhashakaparishad.wordpress.com/.../rti -act-supreme-cour 2. awcommissionofindia.nic.in/101-169/report155.pdfSimilar 3. http://en.wikipedia.org/ 4. http://en.wikipedia.org/rti 5. http://soberresources.blogspot.in/2007/11/historical-perspective-on-Asubstance.html 6. http://web4health.info/en/answers/add-general-lasting.htm 7. http://www.ibogaine.desk.nl/drugmain.html
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SEMINAR

17TH ORIENTATION PROGRAMME

DR. VIJESH B. MUNOT

AMOLAKCHAND VIDHI MAHAVIDYALAY, YAVATMAL

held that the right to receive information in democracy is recognized all

RIGHT TO INFORMATION ACT, 2005: BEGINNING OF NEW ERA

RIGHT TO INFORMATION AND TRANSPARENCY

Then.. and Now

strong reason for releasing it State as locus of control

are strong reasons for denying it Citizen as sovereign

AIM & OBJECTIVE OF THE ACT

PUBLIC AUTHORITY- ITS COVERAGE

WHAT DOES INFORMATION MEANS

SCOPE OF THE RIGHT TO INFORMATION

INFORMATION OFFICER HIERARCHY

FEE FOR SEEKING INFORMATION

Annexure A (See Rule 3)

1. Full name of applicant 2. Address

3. Particulars of information sought i. Subject matter

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