Right To Information Act, 2005

Background and Philosophy

BackgroundBackgroundA. Global• Sweden – 1776• UN Assembly Resolution, 1948

People’s right to have access to official information –– Freedom of Information as Fundamental Human Right

• USA Act, 1966 - amended after ‘Watergate’• 56 Countries have already enacted

the Right to Information (North America, Most of Europe, Australia, Columbia, Peru, Japan)

BackgroundBackground

B) National• Supreme Court Ruling,1982

Disclosure of Information as regards the functioning of Government must be the rule and secrecy an exception

• Sheela Barse v/s Govt of India Case,1985 Information about juvenile delinquents in custody

• Mr. Kulwal v/s Jaipur Mun.Corp. Case,1986 Freedom of Speech and Expression (Art 19) implies right to information

BackgroundBackground

• Activist Initiatives• Freedom of Information Bill in Parliament

2000 – Mr H D Shouri CaseSC intervention in Nov 2002

• State Acts of Tamilnadu & Goa - 1997, Rajasthan & Maharashtra – 2000, Delhi – 2001, Madhya Pradesh – 2003

The Real ‘Swaraj’ will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused.

– Mahatma Gandhi

Available Information & Common Man

Proactive Disclosure

Before After

PARADIGM SHIFT

An Act which will be

implemented by the Govt machinery & Public Institutions

and

supervised by the people

Basic PremisesBasic Premises• Disclosure a rule and Secrecy an exception

• Transparency means public interest

• Public Interest overrides

• Part of Global Process.

• Governance will improve

• Informed Citizenry

• Section 1 (2) –– It extends to the

whole of India except the State Jammu & Kashmir.

J & KJ & K

• The Maharashtra Right To Information Act is repealed.

Important Provisions

• Section 3 –– Subject to the provisions of the Act, all citizens shall have the right to

information.

What is information?

What is information?

Samples / Models

CD Floppy

Definitions• Information includes records, documents, memos, e-

mails, opinions, press releases, circulars, orders, log-books, contracts, reports, papers, samples, models, data held in electronic form. Also includes information relating to any private body which can be accessed by a public authority.

• Public authority also includes Non Government Organisations substantially financed directly or indirectly.

• Right To Information includes inspection of work, documents, records, taking notes, extracts, certified samples of material.

Proactive Disclosure . . . .

Identification & listing of Public Authorities

Proactive Disclosure is a continuous process.

More & more information will flow from the mandatory disclosure under sec 4 (1) (b)

Why proactive disclosure?

– Will create a culture of openness– What is to hide?– E - Governance– It will streamline Record Management– Number of applications under RTI will reduce– A step towards less paper office

Important ProvisionsImportant Provisions

• PIOs for every Public Authority – 30 days • APIOs for receipt of applications & appeals

– 5 days extra period • Senior officer to be appellate authority• No fees for Below Poverty Line applicants• Provision of deemed disposal at PIO and Appellate

Authority level• Penalty to be imposed by Information Commissioner

after opportunity – burden of proof on PIO

Important Provisions

• Third party clause • Information which cannot be denied to the

Parliament or the state Legislature cannot be denied to any person.

• Administration of the Act & second appeal vested with Information Commission.

• RTI Act, 2005 overrides Official Secrets Act,1923

Exemption clauseExemption clause

• National security • Trade secrets/IPR/copyright• Privacy• Foreign relation• Danger to life & physical safety• Impede the investigation• Cabinet papers• Public interest v/s protected interests

Exemption

• Section 8 (1)(b) –– Information which has

been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.

• Section 8 (1)(d) –– Trade secrets– Intellectual property– Copy rights

Exemptions

Exempted organisations under Section 24 established by the Central Govt.

Exempted organisations under Section 24 established by the Central Govt.

Exempted organisations under Section 24 established by the Central Govt.

Well reasoned orderWell reasoned order

• Burden of proof under sec 19(5) on PIO• Provision under section 20(1)

opportunity of being heard before a penalty is imposed

• Reasons in detail for rejection of application• Calculation of fees levied• Appeal details• Particulars of appellate authority

Impact of the RTI Act

• What will happen?

• What will happen?

OFFICIAL SECRETS ACT 1923OFFICIAL SECRETS ACT 1923

THEN NOW

Changing role as public servantChanging role as public servant

• From administrator to facilitator• Overprotection of Official Secrets Act removed• Paradigm shift• Giving information is a rule

& secrecy an exception• Transperancy & people’s participation• Public interest supreme

ImpactImpact

• Computerisation of records• Need for sue motto publications/ proactive disclosures• Understanding the nature of applications and information

needs of people• Record management issues involved• Changing the work culture in the department• Timely reporting of disposal of RTI cases

Changing role of PIOAdministrator to Facilitator

Thanks.....!