Introduction

Right To Information Act (hereinafter RTI) is an act enacted by the Parliament of India in 15 June 2005.[1]

RTI means the freedom of the people to have access of information of the government. The first RTI application was filed by Mr. Shahid Raza Burney in Pune police on 12 October 2005.

The provision of RTI 2005, citizen of India may request the public authority about information and the government take 30 days time to reply to the citizen. RTI ask public authority to computerized the records of information. So that they help in transparency government.

RTI aim to provide information so that we can use the Right under Article 19(1) of constitution, which says that "every citizen of India have Right to Speech and Expression".[2]

1.Historical background of RTI:

The RTI is a Fundamental Right under Article 19 (1) of the Indian Constitution. In 1976, in the Raj Narain vs the State of Uttar Pradesh(1975 AIR 865) [3] 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.

In 1997, Tamil Nadu becomes the first state in India to pass law on RTI.

2.What type of information can be requested through RTI

The citizens can collect information from the government authorities which are disclose by the Parliament.

The information that affect the Integrity and Sovereignty of India. These are exempted by the RTI.

Information that can affect the Integrity and Sovereignty of India, related to internal security, relations with the foreign country, etc.

3.Objective of the RTI

3.1 Give Right to Citizen to question the government.

3.2 The RTI promotes transparency in the working of government.

3.3 The Act also transparent the corruption in the government.

4.Reason for adoption of RTI

The factor responsible for the adoption of RTI:

4.1 Corruption

4.2 International Pressure

4.3 Modernization and Society

5.How to file RTI

The essential to draft RTI is to give the all information to the citizen. As the transparency between the citizen and the government is very less. So to increase the transparency the government draft the RTI Act.

You should very particular while drafting an RTI. The long and too much question can take more time. So the RTI should be short and to the point.

If you have several questions than you can ask them one by one instead of listing all in the single RTI. You can ask six questions in single RTI.

5.1.Offline filing RTI

5.1.(a)File RTI first identity the departments and ministry of government of India.

5.1.(b) Write application, many state have their formal prescribed application and some are not. The language can be either English, Hindi, or any local language.

5.1.(c) A nominal fees of RTI is 10 rupees need to be paid.

5.1.(d) Things you mention application is Phone number, address, email ID, so that authority contract with you easily.

5.1.(e) Once the application complete, make sure you mention the date on the application.

5.1.(f) Lastly sign the application and send them via speed post.

5.2.Online filing RTI

5.2.(a) Identify the government and the authority with whom you seek information, or visit website: http:/rtionline.gov.in.

5.2.(b) Go to first page of website either register yourself or direct click Submit Request option.

5.2.(c) Carefully read all the guidelines and then click on "Submit".

5.2.(d) Fill all the formality of the form choose department of public authority.

5.2.(e) A normal fees is 10 rupees need to be paid with any internet banking.

5.2.(f) Once the payment done you will get registration ID along with receipt.

6.RTI Vs Legislation

6.1. In Indian Evidence Act, Section 123, 124, and 162 provides hold the disclosure of documents. Under this, head of department refuse to give information on state and say that it's a state secret.[4]

6.2. Similarly no police officer shall be compelled to disclosure the communication given to him in official confidence.

6.3. In Atomic Energy Act, 1912 provide that shall be offense to disclose information which are restricted by Central Government.[5]

6.4. In Official Secrets Act, 1923 provides government official can mark document as confidential to prevent publication.[6]

7.RTI and Political Party

All political party gave promise to public serve best interest to public. But hesitate to share the correct information to the citizen, which are as follows:

7.1. To contain corruption

7.2. Huge donation from corporates

7.3. Illegal foreign contribution

8.Measure needed to strengthen RTI

8.1. Reduce pendency:

There are many cases and appeals which are pending. Survey was done in 2019, where more than 31000 appeals were pending.

8.2. Protect Whistle Blowers:

According to RTI activist by the Clmmon Wealth Human Right Initiative. Where in Delhi only there are, 84 activist are been murdered since 2005 which are:

8.2.(a) Information on Illegal construction

8.2.(b) Scams in Social Welfare Programs

8.2.(c) Corruption in Panchayat

9.Recent Amendments

9.1. RTI Amendments Bill 2013, removes political party from the definition of Public authority.

9.2. Draft provision 2017, provides closure of cases in case of death of the applicant.

9.3. RTI Amendments Bill 2018, aim to give power to center to fix the tenure and salary of state.

10.Conclusion

10.1. The RTI was made to achieve social Justice, transparency and to make accountable government. But this act has not achieve all objectives.

10.2. Delhi High Court observed that misuse of RTI Act to be appropriately dealt. Otherwise the public loose the faith in this act.

10.3. It was well recognized that RTI is necessary, but still not sufficient to improve the governance. The Act still not full its all objectives.

11.Citation

[1] Right To Information Act, 2005

[2] Constitution of India, 1950 Article 19(2)

[3] Indian kanoon, India available at https://indiankanoon.org/doc/438670/ (last visited January 7, 2024)

[4] Indian Evidence Act, 1872 Section 123, 124 and 162

[5] Atomic Energy Act, 1912

[6] Official Secrets Act, 1923