{"id":58,"date":"2018-07-11T08:36:23","date_gmt":"2018-07-11T08:36:23","guid":{"rendered":"http:\/\/lisp20.epgpbooks.inflibnet.ac.in\/?post_type=chapter&p=58"},"modified":"2018-12-07T06:56:15","modified_gmt":"2018-12-07T06:56:15","slug":"right-to-information-rti-concept-scope-and-features","status":"publish","type":"chapter","link":"https:\/\/ebooks.inflibnet.ac.in\/lisp20\/chapter\/right-to-information-rti-concept-scope-and-features\/","title":{"rendered":"Right to Information (RTI): Concept, Scope and Features"},"content":{"raw":"
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  1. Restricted Flow of Information:<\/strong><\/li>\r\n<\/ol>\r\n \r\n

    Regardless of the constitutional provisions, the system of governance in India has traditionally been opaque, with the State retaining the colonial Official Secrets Act (OSA) and continuing to operate in secrecy at the administrative level. The Central Civil Service Conduct Rules, 1964 also strengthened the OSA by prohibiting government servants from communicating any official document to anyone without authorization. The major factors which influence the free flow of information are bureaucratic culture, illiteracy and absence of effective communication tools.<\/p>\r\n \r\n

    No doubt, there is need for administrative secrecy in certain cases. No one wants classified documents concerning national defence and foreign policy to be made public till after the usual period is over. But, at the same time, every citizen has a right to know how the Government is functioning. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Some laws on Right to Information also empower citizens to official inspect any Government work or to take sample of material used in any work.<\/p>\r\n \r\n\r\n2.\u00a0Right to Information (RTI):<\/strong>\r\n\r\n \r\n

    RTI stands for Right to Information and has been given the status of a fundamental right under Article 19(1) of the Constitution. Article 19(1) says that every citizen has freedom of speech and expression. As early as in 1976, the Supreme Court said in the case of Rajnarayan Vs State of U.P., that people can not speak or express themselves unless they know. Therefore, Right to Information is embedded in Article 19 and is a fundamental right. In the same case, Supreme Court further said that India is a democracy. People are the masters. Therefore, the master\u2019s have a right to know how the governments, meant to serve them, are functioning. Further, every citizen pays taxes. The citizens therefore, have a right to know how their money was being spent. These three principles were laid down by the Supreme Court while saying that RTI is a fundamental right of the people of India. As an Act, RTI came into force on 12th October, 2005. The objective of the Act was revolutionary when seen in the Indian context, as it opened all official departments across the country to public scrutiny.<\/p>\r\n\"\"\r\n\r\n \r\n

    It mandates timely response to citizen requests for government information. The RTI Act 2005 provides effective access to information for citizens of India, which is under the control of the public authorities. It promotes transparency and accountability in the working of every public authority. It extends to the whole of India except the state of Jammu and Kashmir. In order to ensure greater and more effective access to information, it was decided to repeal the Freedom\u00a0of Information Act, 2002 and enact another law for providing an effective framework. To achieve this object, the Right to Information Bill was introduced in the Parliament and was passed by the Lok Sabha on 11th May, 2005 and by the Rajya Sabha on 12th May, 2005 and it received the assent on 15th June, 2005. It comes into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). It came on the Statute Book as THE RIGHT TO INFORMATION ACT, 2005. The Act extends to the whole of India except the State of Jammu and Kashmir.<\/span><\/p>\r\n \r\n

    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.<\/span><\/p>\r\n\r\n<\/div>\r\n

    \r\n\r\n \r\n\r\nRight to Information includes the right<\/strong> to:\r\n\r\n\u00d8\u00a0 Inspect works, documents, and records.\r\n\r\n\u00d8\u00a0\u00a0 Take notes, extracts or certified copies of documents or records.\r\n\r\n\u00d8\u00a0\u00a0 Take certified samples of material.\r\n

    \u00d8\u00a0 Obtain information in form of printouts, diskettes, floppies, tapes, video, cassettes or in any other electronic mode or through printouts.<\/p>\r\n \r\n

    \"information\" <\/strong>means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.<\/p>\r\n \r\n\r\n \r\n\r\n\"record<\/strong>\" includes:\r\n\r\na)\u00a0\u00a0\u00a0\u00a0\u00a0 Any document, manuscript and file\r\n\r\nb)\u00a0\u00a0\u00a0\u00a0\u00a0 Any microfilm, microfiche, and facsimile copy of a document\r\n\r\nc)\u00a0\u00a0\u00a0\u00a0\u00a0 Any reproduction of image or images embodied in such microfilm (whether enlarged or not); and\r\n\r\nd)\u00a0\u00a0\u00a0\u00a0 Any other material produced by a computer or any other device;\r\n\r\ne)\u00a0\u00a0\u00a0\u00a0\u00a0 The Second Schedule of the RTI Act exempts certain Public Authorities under the Central Government from disclosure of information under the RTI Act 2005.<\/span>\r\n\r\n<\/div>\r\n

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    In CIC Decision No. ICPB\/A-1\/CIC\/2006 dt.31.01.2006, the CIC held that \u201cfile notings are not, as a matter of law, exempt from disclosure\u201d. Thus, file notings can be disclosed under the Act.<\/p>\r\n \r\n\r\n3.\u00a0Exclusions:<\/strong>\r\n

    Central Intelligence and Security agencies specified in the Second Schedule like:<\/p>\r\n \r\n\r\n1.\u00a0 Assam Rifles\r\n\r\n2. Aviation Research Centre\r\n\r\n3. Border Road Development Board.\r\n\r\n4. Border Security Force (BSF)\r\n\r\n5. Central Economic Intelligence Bureau (CEIB)\r\n\r\n6. Central Industrial Security Force (CISF)\r\n\r\n7. Central Reserve Police Force (CRPF)\r\n\r\n8. Dadra and Nagar Haveli and Special Branch,\r\n\r\n9. Defence Research and Development Organisation (DRDO)\r\n\r\n10. Directorate General of Income-tax (Investigation)\r\n\r\n11. Directorate of Enforcement\r\n\r\n12. Directorate of Revenue Intelligence\r\n\r\n13. Financial Intelligence Unit, India.\r\n\r\n14. R&AW,\r\n\r\n15. Indo-Tibetan Border Police (ITBP)\r\n\r\n16. Intelligence Bureau (IB)\r\n\r\n17. Lakshadweep Police\r\n\r\n18. Narcotics Control Bureau\r\n\r\n19. National Security Council Secretariat\r\n\r\n20. National Security Guards (NSG)<\/span>\r\n\r\n21. National Technical Research Organisation.<\/span>\r\n\r\n22. Research and Analysis Wing of the Cabinet Secretariat<\/span>\r\n\r\n23. Sashastra Seema Bal<\/span>\r\n\r\n24. Special Branch (CID)<\/span>\r\n\r\n25. Special Frontier Force<\/span>\r\n\r\n26. Special Protection Group (SPG)<\/span>\r\n\r\n27. Special Service Bureau<\/span>\r\n\r\n28. The Crime Branch-CID-CB<\/span>\r\n\r\n \r\n

    However, these Public Authorities have to respond to RTI Applications which pertain to subjects of <\/span>Human Rights and Corruption<\/strong> as per Section 5(1) of the RTI Act. Agencies specified by the State Governments through a Notification will also be excluded. Similarly, some States within the union has also exempted certain Public Authorities in the respective states, from the purview of the Act.<\/span><\/p>\r\n \r\n

    The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights valuations could be given but only with the approval of the Central or State Information Commission, as the case may be.<\/span><\/p>\r\n \r\n

    4.<\/span>Public Authority:<\/strong><\/p>\r\n \r\n

    It means any authority or body or institution of self-government established or constituted:<\/span><\/p>\r\n\r\n