Increasing openness and transparency in governance: role of Right to Information Act, 2005
Why access to information
Information gathered by public officials at public expense is owned by public…The information produced, gathered and procured by public official is the intellectual property, no less than a patentable innovation would be. To use that intellectual property for private is just as an offence against public as any other appropriations of public property for private purposes”
Joseph E Stiglitz (1999)
Information access: international experiences
Invention of printing press in 1430 by Gutenberg, change from single manuscript to multiple printed copies
This was opposed in France through “Law of Silence” in 1764
Pioneering legislation in Sweden in 1766 called “Freedom of Press Act”
1966: Freedom of Information Act in US
Till 1980s, not much progress in other countries
By now, about 70 countries have legislation on freedom of information
RTI: responses from different states
1996: Tamil Nadu
1997: Goa
2000/02: Karnataka
2000: Maharashtra, Rajasthan
2001: Delhi & Assam
2002: MP
2004: J&K
RTI: evolution at central level
1997: working Group on RTI & Transparency chaired by SDShourie
1997: Freedom of Information Bill
January 2003: Freedom of Information Act received President’s assent, but could not be made operational
NCMP of UPA Government mandated RTI Act enactment
RTI Act 2005 effective from October 12, 2005
RTI Act 2005: Extract of Parliament debate
“ I believe that the passage of this 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 growth flow to other sections of people, an era which will eliminate the scourge of corruption, an era which will bring the common man’s concern to the heart of process of governance, an era which will truly fulfill the hope of the Founding Father of our Republic”
Dr Manmohan Singh, Prime Minister of India (2005)
Objectives:-
To set out a practical regime of right to information for citizens
To secure access to information under the control of public authorities
To promote transparency and accountability in the working of every public authority
To contain corruption
To increase citizens’ awareness and ability to exercise their other rights
To equip them to participate meaningfully in the development process
Coverage:-
Covers all PUBLIC AUTHORITIES which means:
Any body constituted under the Constitution or a law made by Parliament or State Legislatures.
Any body constituted by a notification or order issued by the Central and State Governments.
Any body owned, controlled or substantially financed by the Central Government or the State Government.
Exclusions:-
Intelligence and security organisations established by the Central or State Governments as notified from time to time. However, information relating to alleged corruption or human rights violations is not exempted from disclosure.
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.
Personal information which has no relationship to any public activity or interest
Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and officers;
Overriding effect[Sec.22]:-
The provisions of the Act have an overriding effect over anything inconsistent contained in the Official Secrets Act, 1923 or any other law or instrument.
Obligations of Appropriate Government:-
Constitution of Information Commission (S/12,15)
Constitution of Central or State Information Commission by the appropriate Government
Framing Rules (Section 27)
Appropriate Government to make rules to carry out the provisions of this Act
Review of existing Acts/Rules
Act has over-riding effect on any other Act/Rule/Order (Sec 22)
Necessary to review all Acts/Rules etc. to remove points of conflict with this Act
Spread Awareness
develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities regarding the exercise of the right.
encourage public authorities to participate in the development and organisation of such programmes and to undertake such programmes themselves.
Action taken by the Central Government:-
CIC constituted
Rules of procedure, fee etc. notified
Conduct rules for public servants brought in line with the Act
A Guide for the information seekers published
Training institutes requested to include the Act in their training modules. Some of its training institutes, notably ISTM, YASHADA, CGG are conducting training on pilot basis
Obligations of Public Authorities:-
Proactive disclosure (Sec 4)
Particulars of the organisation, its functions and duties;
Procedure followed in its decision making process
Norms set out for the discharge of its functions;
Rules, regulations, instructions, manuals and records used by its employees for the discharge of its functions,
Arrangement for consultation with or representation by the public, in policy formulation/implementation
Advice given by the boards, councils, committees etc.
Directory of its officers and employees
Budget allocated
Details of the implementation of subsidy programmes
Particulars of recipients of concessions, permits etc.
Such information as may be prescribed
Designation of PIOs etc.
Designate Public Information Officer to provide information to applicants
Also to designate APIOs at sub-divisional/district level
No bar on the number of such PIOs/APIOs
Designate appellate authority for the first appeal within the public authority
Publication of all relevant facts relating to important policies and decisions
Provide reasons for administrative or quasi-judicial decisions to affected persons
Procedure for seeking information[Sec. 6]:-
Application can be made in writing including through electronic mediums in English or Hindi or local official language of the area.
Where request is not in writing, PIO to provide assistance to reduce it to writing.
Reasons for seeking information need not be given.
Fees: Section 7:-
Prescribed Fees to be paid along with the application. No fee for persons below the poverty line. Application fees, to be prescribed in the rules, shall be reasonable.
Further fees, towards cost of providing information, to be intimated by the PIO.
Applicant can seek a review of the fees through an appeal to the prescribed Appellate Authority.
Applicant to be provided information free of cost in case of failure to comply with the response time-limit.
Fees prescribed by the Central Government:
Application fee: Rs.10.
Cost of stationery: Rs. 2/each page of the information in A4/A3 size of paper and actual cost in case of larger size of paper.
Cost per floppy/CD: Rs. 50.
For inspection of records
No fee for first hour.
Rs.5 for each subsequent hour and fraction thereof.
Response Time : Section 7:-
30 days from the date of application.
48 hours if involves the life or liberty of a person.
40 days if involves the interests of a third party.
No response on application within the time limit is deemed refusal.
Appeals[ Section 19]:-
Internal
First appeal to the officer immediately senior to Public Information Officer within 30 days of decision.
Appeal to be disposed of within a period of 30 days extendable upto a total of 45 days.
External
Second appeal to CIC/SIC within 90 days of decision of Appellate Authority.
In both the appeals onus to justify denial of request shall be on the PIO. Decision of the CIC/SIC is final and binding.
Penalty Provisions[Sec. 20]:-
PIO liable to a fine of Rs. 250 per day up to a maximum of Rs. 25,000/- for
not accepting an application;
delaying information release without reasonable cause;
malafidely denying information;
knowingly giving incomplete, incorrect or misleading information;
destroying information that has been requested; and
obstructing furnishing of information in any manner.
CIC/SIC empowered to impose penalty on PIO. They can also recommend disciplinary action against an erring PIO.
CIC/SIC-Functions [Sec.18]:-
Besides appeals, CIC/SIC also authorised to enquire into complaints regarding-
Inability to submit an request for information because a PIO has not been appointed;
Refusal/deemed refusal of information.
Allegation that the fees charged are unreasonable.
Allegedly incomplete or false or misleading information.
CIC/SIC-Powers [Sec.18]:-
CIC/SIC granted powers of Civil Court such as –
summoning and enforcing attendance of witnesses, compelling evidence on oath and production of documents
requisitioning public records from any court or office
Any other matter which may be prescribed
CIC/SIC-Powers [Sec.19]:-
CIC/SIC can require Public Authorities to interalia take the following steps
Appoint a PIO.
Publish certain information or categories of information
Make necessary changes to the records management, maintenance and destruction procedures.
Enhance the training provision for officials on RTI.
Seek an annual report from the Public Authority.
Compensate for any loss or other detriment suffered by the requestor.
