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Published : April 03, 2011 | Author : vranjana
Category : Constitutional Law | Total Views : 6779 | Unrated

  
vranjana
Ranjana Ferrao, Assistant Professor at v.M. Salgaocar College of law, Miramar.
 

Right To Information – A Tool For Good Governance

Right to information is a fundamental right and is a necessary condition for the existence of participatory democracy. Under Article 19(1) of the Constitution every citizen has freedom of speech and expression. The Universal Declaration of Human Rights under Article 19, the Right to information is treated as human right. The Act gives every individual the same powers as that of an elected representative.


The right to freedom of information was recognised in law for the first time more than two hundred years ago in Sweden, with the publication of the Freedom of Press Law in 1776. Currently, over 90 countries have adopted RTI laws. While most of these laws are similar in structure, there are considerable variances between them which substantially influence their effectiveness.

Background
In 1994 a mass based called the Mazdoor Kisan Sanghathan took an initiative to lead the people in a very backward region of Rajasthan Bhim Tehsil to assert their right to information by asking copies of bills and vouchers and names of persons who have been paid wages mentioned in the master rolls on the construction of schools , dispensaries, small dams and community centres. On paper such development projects were all completed. Villagers knew that there was misappropriation of funds with roofless school buildings and dispensaries without walls, dams left incomplete, and community centres having no doors and windows. After few years it was confirmed there was misappropriation of funds. Mazdoor Kisan Sangathan organized a Jan Sunvai (People’s Hearing) the first ever in history of Rajasthan. Politicians , administrators, landless labourers , private contractors were all invited to listen, respond an if willing to defend themselves. The first jansunvai marked the beginning of the real struggle for Right to Information in Rajasthan thereafter several jansunvais were held.

Press Council of India prepared a draft Bill in 1996 to make a provision for securing rights to information known as Right to Information Bill, 1996. The Institute of Rural development Hyderabad also prepared a Bill in 1997. The working group appointed by the Government of India on January 2 , 1997 recommended that legislation in this regard is necessary. The Working Group recommended that the Bill should be named as Freedom of Information Bill as the Right to Information has already been judicially recognized as a part of Freedom of Speech and expression.

State Legislations
Rajasthan
In 1995 with the efforts of MKSS Right to Information law was passed which enabled on payment of a prescribed fee citizens to demand and receive details of expenditures on the work done in the last five years in their villages and all the documents could be photocopied for possible use as evidence in the future. This law was informal and the Rajasthan Right to Information Act was passed in 2000.

Tamil Nadu
Tamil Nadu introduced the Right to Infomation ct on 17th April 1996. The Bill was modelled on the draft legislation recommended by the Press Council of India. Though the enacted legislation was full of exemptions and inadequacies still effort of state government became example for others.

Goa
Goa followed the foot prints of Rajasthan and Tamil Nadu to enact the Right to Information legislation in 1997. It was passed by the Legislative Assembly of Goa on 31st July, 1997 and assented by the governmor of Goa in October 1997.

Madhya Pradesh
Chief Minister Digvijay Singh introduced the Right to Information Bill, 1998 aimed at proving transparency in the administration and got passed by Assembly on April 30th 1998 but Presidential assent was denied to the Bill. The Madhya Pradesh government again in 2003 tried to pursue the Bill and on 24 January 2003 assent was received to the Bill.

Karnataka
Karnataka Right to Information was passed in 2000. The legislature also enacted the Karnatake Transparency in Public Procurement Act 1999 which ensures transparency in public procurement of goods and services.

Delhi
Delhi Right to Information Act received assent on 14th May 2001.

The Act came fully into effect on 13 October ands State Laws on Right to Information were repelled.

Information
Information is any material in any form. It includes records, documents, memos,e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.

Public Authority
A “public authority” is any authority or body or institution of self government established or constituted by or under the Constitution; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government. The bodies owned, controlled or substantially financed by the Central Government or a State Government and non-Government organisations substantially financed by the Central Government or a State Government also fall within the definition of public authority. The financing of the body or the NGO by the Government may be direct or indirect.

Public Information Officer

Public authorities have designated some of its officers as Public Information Officer. They are responsible to give information to a person who seeks information under the RTI Act.

Assistant Public Information Officer
These are the officers at sub-divisional level to whom a person can give his RTI application or appeal. These officers send the application or appeal to the Public Information Officer of the public authority or the concerned appellate authority. An Assistant Public Information Officer is not responsible to supply the information. The Assistant Public Information Officers appointed by the Department of Posts in various post offices are working as Assistant Public Information Officers for all the public authorities under the Government of India.

Right to Information under the Act
A citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copies of documents or records; and taking certified samples of material held by the public authority or held under the control of the public authority. It is important to note that only such information can be supplied under the Act which already exists and is held by the public authority or held under the control
of the public authority.

The Public Information Officer is not supposed to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions.

The Act gives the citizens a right to information at par with the Members of Parliament and the Members of State Legislatures. According to the Act, the information which cannot be denied to the Parliament or a State Legislature, shall not be denied to any person.

A citizen has a right to obtain information from a public authority in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-outs provided such information is already stored in a computer or in any other device from which the information may be e-mailed or transferred to diskettes etc.

The information to the applicant should ordinarily be provided in the form in which it is sought. However, if the supply of information sought in a particular form would disproportionately divert the resources of the public authority or may cause harm to the safety or preservation of the records, supply of information in that form may be denied.
Part I - For All Stake Holders
Guide on Right to Information Act, 2005
In some cases, the applicants expect the Public Information Officer to give information in some particular proforma devised by them on the plea that they have a right to get information in the form in which it is sought. It need be noted that the provision in the Act simply means that if the information is sought in the form of photocopy, it shall be provided in the form of photocopy, or if it is sought in the form of a floppy, it shall be provided in that form subject to the conditions given in the Act. It does not mean that the PIO shall re-shape the information.

Fee for Seeking Information
A person who desires to seek some information from a public authority is required to send, along with the application, a demand draft or a banker’s 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 or to the Assistant Public Information Officer against proper receipt.

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 PIO as prescribed by the Right to Information (Regulation of Fee and Cost) Rules, 2005. Rates of fee as prescribed in the Rules are given below:
(a) rupees two (Rs. 2/-) for each page ( in A-4 or 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 information provided in diskette or floppy, rupees fifty (Rs. 50/-) per
diskette or floppy; and
(e) 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.

As already pointed out, a citizen has a right to inspect the records of a public authority. For inspection of records, the public authority shall charge no fee for the first hour. But a fee of rupees five (Rs. 5/-) for each subsequent hour (or fraction thereof) shall be charged.

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 to the below poverty line. The application not accompanied by the prescribed fee of Rs. 10/- or proof of the applicant’s belonging to below poverty line, as the case may be, shall not be a valid application under the Act. It may be pointed out that there is no bar on the public authority to supply information in response to such applications. However, provisions of Act would not apply to such cases.
Part I - For All Stake Holders
Guide on Right to Information Act, 2005

Format of Application
There is no prescribed format of application for seeking information. The application can be made on plain paper. The application should, however, have the name and complete postal address of the applicant. Even in cases where the information is sought electronically, the application should contain name and postal address of the applicant.

The information seeker is not required to give reasons for seeking information.

Obligations of Public Authorities
Every public authority shall –
(a) maintain all its records duly catalogued and indexed in a manner.The form should facilitate the right to information. Ensure that all records that are appropriate to be computerized. This is to be done within a reasonable time and subject to availability of resources, Computerised and connected through a network all over the country on different systems So that access to such records is facilitated;
(b) Publish within one hundred and twenty days from the enactment of this Act, -
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process,
including channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
(vi) A statement of the categories of documents that are held by it or under its control;
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
(ix) A directory of its officers and employees;
(x) The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursement made;
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorizations granted by it;
(XIV)details in respect of the information, available to or held by it, reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
(xvi) the names, designations and other particulars of the Public Information Officers;
(xvii) Such other information as may be prescribed; and thereafter update these publications every year;

Information Exempted from Disclosure

Sub-section (1) of section 8 and section 9 of the Act enumerate the types of information which is exempt from disclosure. Sub-section (2) of section 8, however, provides that information exempted under sub-section (1) or exempted under the Official Secrets Act, 1923 can be disclosed if public interest in disclosure overweighs the harm to the protected interest.
The information which, in normal course, is exempt from disclosure under sub-section(1) of Section 8 of the Act, would cease to be exempted if 20 years have lapsed after occurrence of the incident to which the information relates.

However, the following types of information would continue to be exempt and there would be no obligation, even after lapse of 20 years, to give any citizen:
(i) information disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interest of the State, relation with foreign state or lead to incitement of an offence;
(ii) information the disclosure of which would cause a breach of privilege of Parliament or State Legislature; or
(iii) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other Officers subject to the conditions given in proviso to clause (i) of sub-section(1) of Section 8 of the Act. Record Retention Schedule and the Act

Time Period for Supply of Information
In normal course, information to an applicant shall be supplied within 30 days from the receipt of application by the public authority. If information sought concerns the life or liberty of a person, it shall be supplied within 48 hours. In case the application is sent through the Assistant Public Information Officer or it is sent to a wrong public authority, five days shall be added to the period of thirty days or 48 hours, as the case may be.

Appeals
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 Public Information Officer. 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 Public Information Officer is received. The appellate authority of the public 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.

If the first 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.
Part I - For All Stake Holders
Guide on Right to Information Act, 2005

Third Party Information
Third party in relation to the Act means a person other than the citizen who has made request for information. The definition of third party includes a public authority other than the public authority to whom the request has been made.

Disclosure of Third Party Information
Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, is exempt from disclosure. Such information should not be disclosed unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

In regard to a third party information which the third party has treated as confidential, the Public Information Officer should follow the procedure as given in the chapter ‘For public information off icers’. The third party should be given full opportunity to put his case for non-disclosure if he desires that the information should not be disclosed.

Penalty for not disclosing information.
The PIO can be fined Rs. 250 per day which is to be deducted from the PIO’s salary. Provided such fine should not exceed Rs.. 25.000/

Conclusion
In Government of responsibility like ours where all the agents of the public must be responsible for their conduct, their can be but a few secrets. The people of this country have a right to know every public act, everything that is done in a public way by the public functionaries… The responsibility of officials to explain or to justify their acts is the chief safeguard against oppression and corruption. Enactment of Right to Information Act, 20051 has ushered a new era leading us towards the development of the participatory democracy. It has led to a series of debates among the intellectuals and has also stirred common masses. May the masses continue to use the RTI and make India a better place to live in.

References
1. www.rti.org.in
2.www.righttoinformation.gov.in
3.The Right to Information Act 2005 : A guide for media
4. The Right to Information Act 2005 : A guide for Civil Society Organisation
5. Justice K. K. Mathew, Supreme Court of India (State of UP v Raj Narain, AIR 1975 SC 865.)

Authors contact info - articles The  author can be reached at: vmsranjana@legalserviceindia.com




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Article Comments

Posted by Surendra Choudhary on July 19, 2011
RTI made our country a democracy in real sense. still we should work to implement this Act. People are not using this law properly. and a group of such persons who are misusing this law to blackmail and to harass honest officers.

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