Right To Information

RTI(Right to Information)

2
 Right To Information

INDEX

TOPIC Pg.no

Introduction 4

Objective 4

Historical Background 4

The Right to Information Act of 2005 4

Objectives of the RTI Act 5

Important provisions under the Right to Information Act, 2005 5

Significance of the RTI Act 6

Recent Amendments 7

Criticism of RTI Act 7

Case Study 8

Guideline for RTI Online Portal 10

Procedure for Request of Information 11

Sample Form 14

Request for Information Check List Proccedings 17

Conclusion 18

3
 Right To Information

Right to Information Act 2005

Introduction

Right to Information Act 2005 mandates timely response to citizen requests for
government information. It is an initiative taken by Department of Personnel and Training,
Ministry of Personnel, Public Grievances and Pensions to provide a– RTI Portal Gateway
to the citizens for quick search of information on the details of first Appellate
Authorities,PIOs etc. amongst others, besides access to RTI related information /
disclosures published on the web by various Public Authorities under the government of
India as well as the State Governments

Objective of the Right to Information Act :

The basic object of the Right to Information Act is to empower the citizens,promote
transparency and accountability in the working of the Government,contain corruption,
and make our democracy work for the people in real sense.It goes without saying that an
informed citizen is better equipped to keep necessary vigil on the instruments of
governance and make the government more accountable to the governed.The Act is a big
step towards making the citizens informed about the activities of the Government.

Historical Background

The right to information is a fundamental right under Article 19 (1) of the Indian
Constitution. In 1976, in the Raj Narain vs the State of Uttar Pradesh case, the Supreme
Court ruled that Right to information will be treated as a fundamental right under article
19. The Supreme Court held that in Indian democracy, people are the masters and they
have the right to know about the working of the government.

Thus the government enacted the Right to Information act in 2005 which provides
machinery for exercising this fundamental right.

The Right to Information Act of 2005

The act is one of the most important acts which empowers ordinary citizens to question
the government and its working. This has been widely used by citizens and media to
uncover corruption, progress in government work, expenses-related information, etc.

The primary goal of the Right to Information Act is to empower citizens, promote
openness and accountability in government operations, combat corruption, and make

4
 Right To Information

our democracy truly function for the people. It goes without saying that an informed
citizen is better equipped to keep a required track on governance instruments and hold
the government responsible to the governed. The Act is a significant step in informing
citizens about the activities of the government.

All constitutional authorities, agencies, owned and controlled, also those organisations
which are substantially financed by the government comes under the purview of the act.
The act also mandates public authorities of union government or state government, to
provide timely response to the citizens’ request for information.

The act also imposes penalties if the authorities delay in responding to the citizen in the
stipulated time.

Know more about Cultural and Educational Rights at the linked article.

What type of information can be requested through RTI?

The citizens can seek any information from the government authorities that the
government can disclose to the parliament.

Some information that can a]ect the sovereignty and the integrity of India is exempted
from the purview of RTI.

Information relating to internal security, relations with foreign countries, intellectual

property rights (IPR), cabinet discussions are exempted from RTI.

Objectives of the RTI Act

1. Empower citizens to question the government.

2. The act promotes transparency and accountability in the working of the

government.

3. The act also helps in containing corruption in the government and work for the
people in a better way.

4. The act envisages building better-informed citizens who would keep necessary
vigil about the functioning of the government machinery.

5.

Important provisions under the Right to Information Act, 2005

• Section 2(h): Public authorities mean all authorities and bodies under the union
government, state government or local bodies. The civil societies that are
substantially funded, directly or indirectly, by the public funds also fall within the
ambit of RTI.

5
 Right To Information

• Section 4 1(b): Government has to maintain and proactively disclose information.

• Section 6: Prescribes a simple procedure for securing information.

• Section 7: Prescribes a time frame for providing information(s) by PIOs.

• Section 8: Only minimum information exempted from disclosure.

• Section 8 (1) mentions exemptions against furnishing information under the RTI
Act.

• Section 8 (2) provides for disclosure of information exempted under the O]icial
Secrets Act, 1923 if the larger public interest is served.

• Section 19: Two-tier mechanism for appeal.

• Section 20: Provides penalties in case of failure to provide information on time,

incorrect, incomplete or misleading or distorted information.

• Section 23: Lower courts are barred from entertaining suits or applications.
However, the writ jurisdiction of the Supreme Court of India and high courts under
Articles 32 and 226 of the Constitution remains una]ected.

Significance of the RTI Act

• The RTI Act, 2005 empowers the citizen to question the secrecy and abuse of
power practised in governance.

• It is through the information commissions at the central and state levels that
access to such information is provided.

• RTI information can be regarded as a public good, for it is relevant to the interests
of citizens and is a crucial pillar for the functioning of a transparent and vibrant
democracy.

• The information obtained not only helps in making government accountable but
also useful for other purposes which would serve the overall interests of the
society.

• Every year, around six million applications are filed under the RTI Act, making it the
most extensively used sunshine legislation globally.

• These applications seek information on a range of issues, from holding the

government accountable for the delivery of basic rights and entitlements to
questioning the highest o]ices of the country.

• Using the RTI Act, people have sought information that governments would not like
to reveal as it may expose corruption, human rights violations, and wrongdoings
by the state.

6
 Right To Information

• The access to information about policies, decisions and actions of the

government that a]ect the lives of citizens is an instrument to ensure
accountability.

• The Supreme Court has, in several judgments, held that the RTI is a fundamental
right flowing from Articles 19 and 21 of the Constitution, which guarantee to
citizens the freedom of speech and expression and the right to life, respectively.

Recent Amendments
• The RTI amendment Bill 2013 removes political parties from the ambit of the
definition of public authorities and hence from the purview of the RTI Act.

• The draft provision 2017 which provides for closure of case in case of death of
applicant can lead to more attacks on the lives of whistleblowers.

• The proposed RTI Amendment Act 2018 is aimed at giving the Centre the power to
fix the tenures and salaries of state and central information commissioners, which
are statutorily protected under the RTI Act. The move will dilute the autonomy and
independence of CIC.

• The Act proposes to replace the fixed 5-year tenure with as much prescribed by
the government.

Criticism of RTI Act

• One of the major set-back to the act is that poor record-keeping within the
bureaucracy results in missing files.

• There is a lack of sta]ing to run the information commissions.

• The supplementary laws like the Whistle Blower’s Act are diluted, this reduces the
e]ect of RTI law.

• Since the government does not proactively publish information in the public
domain as envisaged in the act and this leads to an increase in the number of RTI
applications.

• There have been reports of frivolous RTI applications and also the information
obtained have been used to blackmail the government authorities.

7
 Right To Information

Case Title:Central Board of Secondary Education (CBSE) & Anr. vs. Aditya
Bandopadhyay & Ors.

Court: Supreme Court of India

Date: 9 August 2011

Citation: (2011) 8 SCC 497

Key Facts:

- Aditya Bandopadhyay, along with other students, filed an application under the Right to
Information Act (RTI), 2005, requesting their evaluated answer sheets from the Central
Board of Secondary Education (CBSE).

- CBSE refused, citing that answer sheets were not "information" as per Section 2(f) of the
RTI Act and fell under exceptions under Sections 8(1)(e) and 8(1)(j) of the Act.

- CBSE argued that making answer sheets accessible would lead to an administrative
burden and was against public interest.

Issues:

1. Whether evaluated answer sheets fall under the definition of "information" as per the
RTI Act.

2. Whether disclosure of answer sheets violates any exemptions under the RTI Act.

3. Whether a student has the right to inspect their answer sheets under RTI.

Judgment:

- The Supreme Court held that evaluated answer sheets qualify as "information" under
Section 2(f) of the RTI Act.

- The Court ruled that CBSE, as a public authority, holds the evaluated answer sheets in
a fiduciary capacity for the students. However, it clarified that there is no fiduciary
exception applicable here to deny information.

- The Court concluded that a student has the right to access their answer sheets. The
disclosure does not violate Section 8(1)(e) or Section 8(1)(j) of the Act since it pertains to
the individual's personal information and does not invade anyone else's privacy.

8
 Right To Information

Key Takeaway:

This judgment a]irmed that students have a right to access their evaluated answer
sheets under the RTI Act, emphasizing transparency and accountability in public
examination systems. It set a precedent for access to personal records maintained by
public authorities.

9
 Right To Information

GUIDELINES FOR USE OF RTI ONLINE PORTAL

1. This Web Portal can be used by Indian citizens to file RTI application online and
also to make payment for RTI application online. First appeal can also be filed
online.

2. An applicant who desires to obtain any information under the RTI Act can make a
request through this Web Portal to the Ministries/Departments of Government of
India.

3. On clicking at "Submit Request", the applicant has to fill the required details on
thepage that will appear.
The fields marked * are mandatory while the others are optional.

4. The text of the application may be written at the prescribed column.

5. At present, the text of an application that can be uploaded at the prescribed

column is confined to 3000 characters only.
Only alphabets A-Z a-z number 0-9 and special characters , . - _ ( ) / @ : & ? \ % are
allowed in Text for RTI Request application.

6. In case an application contains more than 3000 characters, it can be uploaded as

an attachment, by using column "Supporting document".
Do not upload Aadhar Card or PAN Card or any other personal Identification
(Except BPL Card).
PDF file name should not have any blank spaces.

7. After filling the first page, the applicant has to click on "Make Payment" to make
payment of the prescribed fee.

8. The applicant can pay the prescribed fee through the following modes:
(a) Internet banking;
(b) Using credit/debit card of Master/Visa;
(c) Using UPI
(d) Using RuPay Card.

9. Fee for making an application is as prescribed in the RTI Rules, 2012.

10. After making payment, an application can be submitted.

11. After making payment, if applicant didn’t receive the registration number then
applicant is advised to wait for the 24-48 working hours as registration number will
be generated after reconciliation. Please do not make additional attempt to make
payment again. If it is not generated within 24-48 hours kindly send an e-mail at
helprtionline-dopt[at]nic[dot]in with transaction details.

10
 Right To Information

12. No RTI fee is required to be paid by any citizen who is below poverty line as per RTI
Rules, 2012. However, the applicant must attach a copy of the certificate issued
by the appropriate government in this regard, alongwith the application.

13. On submission of an application, a unique registration number would be issued,

which may be referred by the applicant for any references in future.

14. The application filed through this Web Portal would reach electronically to the
"Nodal O]icer" of concerned Ministry/Department, who would transmit the RTI
application electronically to the concerned CPIO.

15. In case additional fee is required representing the cost for providing information,
the CPIO would intimate the applicant through this portal. This intimation can be
seen by the applicant through Status Report or through his/her e-mail alert.

16. For making an appeal to the first Appellate Authority, the applicant has to click at
"Submit First Appeal" and fill up the page that will appear.

17. The registration number of original application has to be used for reference.

18. As per RTI Act, no fee has to be paid for first appeal.

19. The applicant/the appellant should submit his/her mobile number to receive SMS
alert.

20. Status of the RTI application/first appeal filed online can be seen by the
applicant/appellant by clicking at "View Status".

21. All the requirements for filing an RTI application and first appeal as well as other
provisions regarding time limit, exemptions etc., as provided in the RTI Act, 2005
will continue to apply.

11
 Right To Information

Procedure for Request of Information

1. What is the Application Procedure for requesting information?

2. What is the time limit to get the information?

3. What is the fee?

4. What could be the ground for rejection?

1. What is the Application Procedure for requesting information?

1. Apply in writing or through electronic means in English or Hindi or in the

o]icial language of the area, to the PIO, specifying the particulars of the
information sought for.

2. Reason for seeking information are not required to be given;

3. Pay fees as may be prescribed (if not belonging to the below poverty line
category).

2. What is the time limit to get the information?

1. 30 days from the date of application

2. 48 hours for information concerning the life and liberty of a person

3. 5 days shall be added to the above response time, in case the application for
information is given to Assistant Public Information O]icer.

4. If the interests of a third party are involved then time limit will be 40 days
(maximum period + time given to the party to make representation).

5. Failure to provide information within the specified period is a deemed

refusal.

3. What is the fee?

1. Application fees to be prescribed which must be reasonable.

2. If further fees are required, then the same must be intimated in writing with
calculation details of how the figure was arrived at;

12
 Right To Information

3. Applicant can seek review of the decision on fees charged by the PIO by
applying to the appropriate Appellate Authority;

4. No fees will be charged from people living below the poverty line

5. Applicant must be provided information free of cost if the PIO fails to comply
with the prescribed time limit.

4. What could be the ground for rejection?

1. If it is covered by exemption from disclosure.

2. If it infringes copyright of any person other than the State.

13
 Right To Information

Sample Form
RTI-Form No. 1

I.D. No.
(For Oaicial use)

Dated:

To:

The Central Public Information O]icer (RTI), National Informatics Centre-HQ,

A-Block, CGO Complex,
Lodi Road,

New Delhi-110003.

Sub:- Request for information under RTI-Act 2005-Application reg.

Sir,

I ____________________________ Son/Daughter/Wife of _________________________

Resident of _____________________________________________________________________
wish to seek information, under the RTI Act, 2005. The information needed pertains to
the National Informatics Centre-HQ, as per details given below:-

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

2. It is certified that I am a bona fide Citizen of India.

3. *It is certified that I do fall under the category Below Poverty Line (BPL), and an
attested

copy of the relevant certificate (issued by the competent authority) is enclosed herewith
for

your information. (*Please strike out if not belonging to the BPL category)

4. I have deposited the required amount of Rs.10/-(Rupees Ten only) towards

application fee

14
 Right To Information

(Receipt enclosed) with DDO, NIC, vide receipt no. _____ dated ______. Further, I also
undertake to pay any additional fees/charges (if applicable) as prescribed under the RTI
Act and or relevant Rules.

(Signature of the Applicant)

Telephone No : Fax No.

E-mail Address :

15
 Right To Information

RTI-Form No. 2

GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS & INFORMATION TECHNOLOGY

NATIONAL INFORMATICS CENTRE-HQ, OFFICE OF CPIO(RTI) A-BLOCK, CGO

COMPLEX,
LODI ROAD,
NEW DELHI-110003.

I.D. No.
(For Oaicial use)

Dated:

Sub:- Request for information (under RTI Act, 2005) from Mr./Ms.
____________________ Received in this Oaice on __________________________

I am forwarding herewith an application/request for information (under RTI Act, 2005)

received from Mr./Ms. _____________________Son/Daughter/Wife of
_____________________ resident of
______________________________________________________________________. The
subject matter of the information requested by the above applicant is related to your
Department/Ministry______________________________________________________________
which pertains to or partly pertains to _______________________________. Therefore, I am
forwarding the same to you for your information and necessary action. The required
information and/or an appropriate reply may be sent to the concerned applicant, under
intimation to the undersigned.

Encl: As above

To:
Dr./Mr./Ms. __________________________ ____________________________________
______________________________________

Copy to: The Applicant

CPIO(RTI)/NIC-HQ or PIO of Concerned State Unit

16
 Right To Information

REQUEST FOR INFORMATION-CHECK-LIST FOR PROCESSING

1. Application No./Ref.No.:

2. Name of Applicant:

3. Mailing/Contact Address of Applicant:

4. Date of receipt of application:

5. Status of Citizenship of the Applicant-Indian Citizen or Non-Resident Indian:

6. Subject matter of request pertains to NIC-HQ (Yes/No)

7. Subject matter of request pertains to NIC-HQ (Full/Partly)

If partly, the name of concerned public authority/authorities:

8. Information sought CONCERNS THE LIFE OR LIBERTY OF A PERSON:

9. Does the information falls under Section 8(1) (a-j), (2) and (3): (Yes/No)

10. Target time-limit needed for providing the inputs:

11. Whether information is technical/.semi-technical/administrative in nature (Pl. tick

below)

a). Technical
b) Semi-Technical c) Administrative d) Misc.

12. Name of concerned Group/Division/SIO

13. Details of information sought by the Applicant:

14. _________________________________________________________________

15.

16. Date of Acknowledgement issued to the applicant.

17. Whether information readily available with the O]ice of CPIO(RTI)in NIC.

(Yes/No)

18. Whether information published as Manuals under the RTI Act. (Yes/No)

19. Whether information is available on NIC’s Web Site or Web Site of the public
authority

under the control of NIC (Yes/No)

20. Date and Time of forwarding the request to concerned HOG/HOD/SIO

21. Date and Time fixed for receiving the reply from concerned HOG/HOD/SIO

17
 Right To Information

22. Whether anticipation of any delay in submission of information communicated by

concerned HOG/HOD/SIO. (Yes/No)

23. Date and Time the information received from the concerned HOG/HOD/SIO.

24. Date and Time of information issued to the applicant.

25. Whether applicant has also asked for inspection of the relevant documents?
(Yes/No)

Conclusion
• The Right to Information Act has not achieved its full objectives due to some
impediments created due to systematic failures. It was made to achieve social
justice, transparency and to make an accountable government.

• This law provides us with a priceless opportunity to redesign the processes of

governance, particularly at the grassroots level where the citizens’ interface is
maximum.

• It is well recognized that the right to information is necessary, but not su]icient, to
improve governance. A lot more needs to be done to usher in accountability in
governance, including protection of whistleblowers, decentralization of power
and fusion of authority with accountability at all levels.

• As observed by Delhi High Court that misuse of the RTI Act has to be appropriately
dealt with; otherwise the public would lose faith and confidence in this “sunshine
Act”.

18