Right to Information (RTI)

The Right to Information (RTI) Act was passed by Parliament in 2005, aiming to give people access to central and state government records.

RTI means that any Indian citizen can request any information from the offices and departments of the state or central governments.

Historical background
- According to Article 19(1) of the Indian Constitution, the right to information is a fundamental right.
- Moreover, the Supreme Court determined that the right to information shall be considered a basic right under article 19 in the 1976 case of Raj Narain v. State of Uttar Pradesh.
- According to the Supreme Court, in Indian democracy, the people are in charge and have a right to know how their government is run.
- As a result, in 2005, the government passed the Right to Information Act, establishing a framework for exercising this fundamental right.
The Right to Information Act of 2005
- In 2005, Parliament passed the Right to Information (RTI) Act.
- Its goals include enhancing citizen empowerment, encouraging government accountability and transparency, and preventing corruption.
- The previous Freedom of Information Act of 2002 was replaced by it.
- Recently, the Parliament approved the Right to Information (Amendment) Bill 2019.
- Furthermore, it said that the Central Government should set the terms of office for the Chief Information Commissioner and each Information Commissioner.
- Before this change, their term was set at five years.
- The RTI (Amendment) Act 2019 was criticised for diluting the law and giving more powers to the central government.

Transparency
- It guarantees the public’s right to find out as much as they wish about governmental operations, rules and regulations, etc.
- Furthermore, this allows citizens and the government to communicate more effectively.
Citizen-centric approach
- Due to the execution of this Act, the government must provide information upon request from the public, which forces the government to consider all options before making a decision.
Availability of Information
- RTI developed a simple method of providing information to the individual in question, making information about governmental activities accessible to those who need it.
- Additionally, public officials must respond to the request for information within 30 days of receiving it.
Reduction in Corruption
- The corruption graph exhibits a downward curve now that all the information is available.
Greater Accountability
- The government is launching several initiatives, including the National Rural Employment Guarantee Scheme, Sarwa Shiksha Abhiyan, Mid-day Meal Program, National Rural Health Mission, and many others.

Firstly, the failure of public bodies to comply with proactive disclosure.
Public information officers (PIOs) misapply the Right to Information (RTI) Act’s provisions to withhold information and take a hostile attitude toward citizens.
Lack of clarity on what public interest is and the right to privacy.
Lack of political will and poor infrastructure.
In addition, refusal of demands for information from involved persons on crucial issues of public interest.
Threats and covert acts of violence against RTI applicants and activists are used to silence them.

Firstly, the RTI Act’s Section 24 might be considered an enlarged version of Sections 8 and 9.
Specific subjects have been granted exclusions under Sections 8 and 9 of the Act, while Section 24 grants exemptions for specific organisations working for the Central Government.
In addition, only the unique functions of these organisations keep them outside the scope of the RTI Act of 2005. Once any organisation is listed in the Second Schedule, it is automatically free from the RTI Act’s restrictions.
A list of organisations exempt from this Act’s application can be found in the second schedule of the Act.
Some of the organisations are:
- Intelligence Bureau
- Research and Analysis Wing of the Cabinet Secretariat
- Directorate of Revenue Intelligence
- Central Economic Intelligence Bureau
- Directorate of Enforcement
- Narcotics Control Bureau
- Aviation Research Centre
- Special Frontier Force
- Border Security Force
- National Security Council Secretariat
However, these agencies do not have complete immunity.
Furthermore, these organisations must respond to requests from the public for information on any claim of corruption or human rights violation.

The following information is not disclosable under section 24
- Personal details, income tax return, PAN
- Educational qualification unless the prima-facie case of fraud
- Family details, GPF/CGEIS nominations
- The information which identifies the ailment of an employee
- FIR in respect of the ongoing investigation
- Case diary maintained by the police officer making an investigation
- Investigations/enquiries in vigilance, misconduct or disciplinary case before.
- The decision by a competent authority
- Documents based on which prosecution is in progress
- Interception of the telephone by authorized personnel
- Software developed is the Intellectual Property Right of a developer.
- Incentives provided by commercial organizations for the promotion of their
- business.
- If a confidentiality clause in the collaboration agreement between a public authority and its collaborator prohibits disclosure to a third party, that information may be denied.

The State and Central Information Commissions’ vacancies must be filled by the Center and the States as soon as possible.
It is necessary to advise public officials to allow for more voluntary diffusion on government websites, which should lighten their workload.
The RTI regime needs a robust political system to succeed.
It is imperative to ensure freedom of the press and democratic institutions, punish errant officials and maintain complete autonomy of the information commissions in the interest of the people and the nation at large.
More effective and citizen-friendly services that are not achievable in the traditional form can be provided through the digital RTI site.

Pic Courtesy: freepik

Content Source: The Hindu