Right to Information (RTI)

Right to Information (RTI)

Introduction

The Right to Information (RTI) Act, A Pillar of Transparency and Accountability, which is a landmark legislation that has empowered citizens to seek information from public authorities, making governance more transparent and accountable. Enacted in India in 2005, the RTI Act has enabled citizens to actively participate in the democratic process by providing them with access to government records, decisions, and actions. RIT act came into force on 15th June, 2005and last amended in May 2021.The act consists of 31 sections and 2 schedules.

The major purpose of the Right to Information Act is to empower citizens, promote openness and accountability in government operations, combat corruption, and ensure that our democracy actually works for the people. It goes without saying that an informed citizen is better positioned to maintain track of governance instruments and hold the government accountable to the governed. The Act is an important step towards enlightening individuals about the government’s actions.

What is RTI?

The Right to Information (RTI) is a legal process that enables citizens to obtain information from government agencies or public entities. It is intended to improve transparency and accountability in government operations by granting citizens the right to request information regarding the activities, decisions, and processes of government agencies.

Historical Background

The right to access information has long been recognized as a fundamental aspect of participatory democracy. This right is defined under Article 19 (1) of the Indian Constitution. In India, the journey towards the RTI Act began in the case called Raj Narain vs. State of Uttar Pradesh 1975 AIR 865, the Supreme Court decided that the freedom to information is a fundamental right under Article 19. The Supreme Court ruled that in an Indian democracy, the people are the masters and have the right to know how the government operates.

In another case, Prabhu Dutt v. Union of India 1982 AIR SC 6, the Supreme Court held that right to know news and information regarding administration of the government included in the freedom of press and under Article 19 of the constitution.

In the case called Secretary General, Supreme Court of India v. Subhash Chandra Agarwal 2010 AIR Del.159 (FB), the High Court of Delhi held that the source of right to information does not emanate from right to information act. It is the right emerges from constitutional guarantee under Article 19 (1) (a) as held by the Supreme Court in a catena of decisions. The right to Information Act is not the repository of the right to information. Its repository is the Constitutional right guaranteed under Article 19 (1) (a)

In the early 1990’s with various grassroots movements demanding transparency in government dealings, the RTI act start taking its shape. The Mazdoor Kisan Shakti Sangathan (MKSS) played a crucial role in advocating for the people’s right to know. After years of activism and dialogue, the Indian government passed the RTI Act in 2005.

What are the essentials required to file the RTI?

The essential requirements of an application are:

1. The applicant should be a citizen of India;
2. Particulars of information sought;
3. Payment of application fee;
4. Address of the applicant.

Key Provisions of the RTI Act 2005

The RTI Act enables any citizen to request information from a “public authority,” which is required to provide the requested information within 30 days. Some of the key features include:

1. Right to Access Information (Section.3): Citizens can access records, documents, emails, reports, advice, memos, and file noting.
2. Transparency in Governance: Government bodies are obligated to proactively disclose certain categories of information without the need for formal requests.
3. Public Information Officers (PIOs): Each government department appoints a PIO responsible for handling RTI applications(Section 5).
4. Appeal Mechanism (Section 19): If a request is denied, citizens can appeal to higher authorities and, eventually, the Central Information Commission (CIC) or State Information Commissions (SICs) .
5. Transparency in Governance: Government bodies are obligated to proactively disclose certain categories of information without the need for formal requests.
6. Public Information Officers (PIOs): Each government department appoints a PIO responsible for handling RTI applications.
7. Appeal Mechanism: If a request is denied, citizens can appeal to higher authorities and, eventually, the Central Information Commission (CIC) or State Information Commissions (SICs).

What is third party information?

Third party information refers to any information relating to or provided by a third party. This may include a variety of records, such as personal information about an individual or commercial information about an entity. Protection of personal information, particularly that of a third party, is a crucial privilege that should not be taken lightly or devalued (Section 11).

Importance of RTI

RTI plays a vital role in enhancing transparency and curbing corruption in the government. Some of its key impacts include:

1. Citizen Empowerment: RTI empowers ordinary citizens to hold public authorities accountable. It has been used to expose corrupt practices and inefficiencies.
2. Good Governance: The Act ensures that governance becomes participatory and that citizens have the information needed to engage in public decision-making.
3. Social Justice: The marginalized sections of society can use RTI to access benefits, services, and resources that might otherwise be denied to them.
4. Transparency: the act helps to maintain the transparency on the actions taken by the government.
5. Accountability: it also ensures the accountability of the officer or any other person if there is any wrong or negligence happening from their side.

Amendment in the Act

The Right to Information Act, 2005 (RTI Act) in India has undergone significant amendments since its inception. One of the most notable changes was made in 2019, which altered key provisions concerning the tenure, salary, and powers of information commissioners at both the central and state levels.

Key Amendments to the RTI Act (2019):

1. Term of Office of Information Commissioners:

Under the original 2005 Act, the Chief Information Commissioner (CIC) and Information Commissioners (ICs) at both central and state levels held office for a fixed term of 5 years or until they reached the age of 65, whichever was earlier. The 2019 amendment removed the fixed tenure of 5 years. Now, the central government has the authority to prescribe the term of office for the CIC and ICs.

     2. Salaries and Allowances of Information Commissioners

Under the original Act, the salaries, allowances, and other conditions of service of the CIC were equivalent to that of the Chief Election Commissioner, and for the ICs, they were equivalent to those of the Election Commissioners. But the 2019 amendment gave the central government the power to determine the salaries, allowances, and other terms of service for the CIC and ICs at both the central and state levels.

     3.Power to Decide Other Terms:

The amendment also allows the government to define the rules for other service conditions of the CIC and ICs, effectively giving more control to the executive branch over these positions.

Criticism and Concerns of the amendment above 

    1. Independence and Autonomy: Critics argue that giving the central government control over the tenure and salaries of information commissioners could undermine their independence, which is essential for them to function without political interference.

   2. Dilution of the Act: Many activists believe that these changes dilute the original spirit of the RTI Act, which was intended to empower citizens by creating independent bodies (CIC and ICs) to hold public authorities accountable.

   3. Government’s Justification:

The central government justified the amendments by stating that the RTI Act, 2005, created a situation where the information commissioners had salaries and terms equivalent to constitutional authorities like the Election Commission. Since the RTI is a statutory law, not a constitutional provision, the government argued that this equivalence was unnecessary.

Is there any format of filling an RTI?

The RTI or Right to Information Act of 2005 does not provide a precise format for an RTI application. The application may be handwritten or printed. The following is a simple format you can use for your application:

Format-

To
Public Information Officer

[Address of Public Authority]

Sub: Request for information under Section-6(1) of RTI Act 2005

Dear PIO,

I [Your Name], a citizen of India request you to furnish me with certain information under Section 6(1) of the Right to Information Act 2005.

Details of Applicant:

Name:
Email:
Tel No: 

Address:

Particulars of information required:

[1]
[2]
[3]
[4]
[5]
[6]

Application Fee of Rs.10 is remitted as [IPO/DD/Banker’s Cheque] numbered [IPO/DD/Banker’s Cheque Number] for Rs.10/- payable to the Accounts Officer, [Name of Public Authority]. Please send the information to my address mentioned above by Registered post.

Yours faithfully,

[Signature]
[Your Name]

[Date]

What are the methods available to file an RTI?

There are two methods by which the person can file an RTI application.

1. Filing RTI Offline (Through Post or In-Person) – the application can be handwritten or typed and it can be in English, Hindi or official language of the region. It must include the name contact details, address, and the details of the information you are seeking.
2. Filing RTI Online-The Government of India has made it easier to file an RTI application online, particularly for matters related to Central Government departments.

RTI through Jan Soochna Portal (State-Specific Initiatives)-Some states in India have launched their own online platforms to handle RTI applications, such as:

• Rajasthan: Jan Soochna Portal
• Madhya Pradesh, Karnataka, and others have similar portals.

These portals work similarly to the central government’s RTI online portal but are specific to state departments.

Please note, Under the RTI Act, public authorities are required to respond to an RTI request within 30 days of its receipt. In cases involving life or liberty, the response time is reduced to 48 hours, as outlined in Section 7. However, not all information is meant to be disclosed to the general public. Section 8 of the Act provides specific exemptions, such as matters related to national security, personal privacy, and other sensitive issues, ensuring a balance between transparency and confidentiality.

THE RIGHT TO INFORMATION ACT, 2005,s.9 define the grounds for the rejection to access in certain cases- “ Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.”

Lets understand the process of filling an RTI

Filing RTI Offline (Through Post or In-Person)

I. Step-by-Step Process:

1.  Write the Application: The RTI application can be handwritten or typed in English, Hindi, or the official language of the region.

• • Include your name, contact details, address, and the details of the information you are seeking.
  • Address the application to the Public Information Officer (PIO) of the relevant public authority.
  • Mention “Application under RTI Act, 2005” at the top.

2.  Application Fees: The fee for filing an RTI application is generally ₹10. It can be paid via:

• • • Indian Postal Order (IPO)-payable to the Accounts officer of the Public Authority.
    • Demand Draft (DD)
    • Banker’s Cheque
    • Some states allow cash payments in person.

3.  Send the Application:

• • • • Post the application via Registered Post or Speed Post to the Public Information Officer (PIO) of the concerned department.
      • The application can also be submitted in person at the designated government office.

4.  Tracking: After sending the RTI, applicants can track the status of their application through the receipt received from the post office.

II. Filing RTI Online

The Government of India has made it easier to file an RTI application online, particularly for matters related to Central Government departments.

Step-by-Step Process:

1. Visit the Official RTI Portal:
   • For Central Government departments, go to https://rtionline.gov.in/
2. Create an Account (Optional):
   • Register or log in if you already have an account.
3. Filing the Application:
   • Click on “Submit Request” and fill out the form with the required details such as:
     • Name, address, contact details.
     • Information you are seeking.
     • Relevant ministry or department.
4. Payment of Fees:
   • Pay the fee of ₹10 electronically through:
     • Net banking
     • Credit/Debit cards
     • Other electronic payment modes.
5. Submit the Application: Once submitted, you will receive an acknowledgment, along with a unique registration number for tracking the status of your request.

III. Who are the officers before which RTI can be filed?

Under the Right to Information (RTI) Act, 2005, specific officers are designated within public authorities to handle RTI requests and ensure that citizens can exercise their right to access information. These officers play a crucial role in processing and responding to RTI applications. The main officers involved in the RTI process are:

1. Public Information Officer (PIO)

The Public Information Officer (PIO) is the primary point of contact for RTI applicants. Every public authority (government department, organization, or body) must designate one or more PIOs.

• Responsibilities of PIO- when we talk about the responsibilities of PIO, there are many responsibilities assign to the POI under the act such as 
  • Receive RTI applications: The PIO is responsible for receiving and processing RTI requests.
  • Provide Information: It is the PIO’s duty to provide the requested information to the applicant within 30 days (or 48 hours in matters concerning life and liberty).
  • Transfer RTI requests: If the information sought is held by another public authority, the PIO must transfer the application to the appropriate authority within 5 days.
• Penalty: If the PIO fails to provide information or delays it without sufficient reasons, they may face a financial penalty of ₹250 per day (up to a maximum of ₹25,000).

2. Assistant Public Information Officer (APIO)

APIOs assist PIOs and are often designated at lower levels of government administration, such as district offices, sub-divisions, or block levels.

IV. RTI filed and No Rely received?

If no reply is received within the stipulated time after filing a Right to Information (RTI) application, the applicant can take the following steps:

1. First Appeal (to the First Appellate Authority – FAA, Section 19)

• When to File: If the Public Information Officer (PIO) does not provide a reply within 30 days (or 48 hours in matters concerning life and liberty), or if the reply is unsatisfactory, you can file a first appeal with the designated First Appellate Authority (FAA).
• Time Limit for Filing First Appeal:
  • The applicant must file the appeal within 30 days from the date when the reply was due or from the date of receiving an unsatisfactory response.
  • The appeal can be filed later than 30 days if there is a reasonable justification for the delay, but the FAA may or may not accept the appeal.
• Appeal Process:
  • The first appeal can be submitted in writing, either offline or online (where applicable), addressing it to the First Appellate Authority within the same public authority.
  • In the appeal, mention:
    • The RTI application reference number.
    • Date of the application.
    • The fact that no response was received (or that the response was unsatisfactory).
    • Include a copy of the RTI application.
• Disposal of the First Appeal: The FAA is required to dispose of the first appeal within 30 to 45 days.

2. Second Appeal (to the Central Information Commission or State Information Commission) -Section 12 & 15.

• When to File: If you do not receive a satisfactory decision from the First Appellate Authority (FAA), or if the FAA fails to respond within the time limit, you can file a second appeal with the Central Information Commission (CIC) or the State Information Commission (SIC), depending on whether the public authority is under the central or state jurisdiction.
• Time Limit for Filing Second Appeal:
  • The second appeal must be filed within 90 days from the date on which the decision should have been made by the FAA.
• Appeal Process:
  • The second appeal must be in writing and include:
    • Details of the original RTI application.
    • A copy of the first appeal.
    • The response (or lack of response) from the FAA.
    • A statement of facts and grounds for the appeal.
• Hearing and Decision: The Information Commission may conduct hearings, investigate, and pass a decision. It can also:
  • Direct the public authority to provide the requested information.
  • Impose penalties on the PIO for non-compliance.
  • Award compensation to the appellant in case of loss or detriment due to delay or non-disclosure.

Compensation:

In some cases, the Information Commission may also order compensation for the appellant if they suffered any loss or detriment due to the delay or non-provision of information.

V. Filing a Complaint

• When to File: You can file a complaint directly with the Central or State Information Commission if:
  • The PIO refuses to accept your RTI application.
  • You are charged an unreasonable fee.
  • You have not been provided with the information requested within the stipulated time.
• Complaints can be filed even before filing the first appeal if there is blatant non-compliance with the RTI Act.

VI. Online Tracking of Appeals and Complaints

• If you filed the RTI online, most central and state RTI portals provide options to track the status of your RTI application, appeal, or complaint. This helps you monitor the progress.

1. First Appeal: File a first appeal to the FAA if no reply is received within 30 days.
2. Second Appeal: If the FAA fails to respond or the response is unsatisfactory, file a second appeal with the CIC or SIC within 90 days.
3. Complaint: If there is a complete refusal to entertain your RTI application, you can file a complaint with the CIC or SIC.
4. Penalty and Compensation: The Information Commission can impose penalties on the PIO and award compensation if applicable.

While applying for the appeal, is there any additional charge need to be paid for the same?

No, there is no additional charge for filing an appeal under the Right to Information (RTI) Act, 2005 in India. Both the first appeal to the First Appellate Authority (FAA) and the second appeal to the Central Information Commission (CIC) or State Information Commission (SIC) are free of charge. However it is important to note here is that if the person receive additional information as a result of your appeal, the public authority may charge for providing the copies of documents. These charges are usually nominal, such as:

• ₹2 per page of information provided.
• Fees for obtaining information in other formats (CDs, etc.) may vary.

VII. Challenges in Implementation

Despite its successes, the RTI Act faces several challenges in practice:

1. Delays and Bureaucratic Resistance: Public authorities often delay responses to RTI applications, citing reasons like excessive workload or misuse of the law.
2. Limited Awareness: A significant portion of the population remains unaware of the existence or use of the RTI Act, limiting its potential.
3. Threats and Harassment: RTI activists and whistle-blowers sometimes face threats, harassment, and violence from vested interests.
4. Exemptions and Limitations: Certain areas such as national security, personal privacy, and strategic economic interests are exempt from the RTI Act, which sometimes leads to disputes over what should or should not be disclosed.

Success Stories-

There are countless examples of how RTI has been utilised successfully to promote transparency to government actions. In one famous case, RTI enquiries helped discover financial mismanagement in the delivery of subsidised food grains under the Public delivery System (PDS). Similarly, the Act has helped to expose anomalies in public infrastructure projects.

In 2007, Chandigarh became India’s first smoke-free city, banning smoking in indoor and outdoor public spaces, thanks to Hemant Ghosh’s efforts. Ghosh, through over 300 RTI queries, pushed the governments of Punjab and Haryana to enforce the 2003 Cigarettes and Other Tobacco Products Act (COTPA). His applications asked whether public warnings against smoking were displayed in government premises. As a result, 1,800 “No Smoking” boards were installed in government offices, hospitals, and schools. Ghosh’s work inspired similar campaigns nationwide. However, by 2013, another RTI revealed only 78 people were fined for public smoking in Chandigarh, highlighting enforcement gaps.

Appropriation for Relief Funds

Information obtained through an RTI application by a Punjab-based NGO in 2008 revealed that bureaucrats in charge of local branches of the Indian Red Cross Society spent money intended for victims of the Kargil war and natural disasters on cars, air conditioners, and hotel bills, among other things. Local courts charged the officials found guilty of fraud, and the cash were handed to the Prime Minister’s Relief Fund.

Conclusion

The Right to Information Act is an effective instrument for enhancing democracy by encouraging transparency and accountability in governance. While the Act has had a significant impact on exposing corruption and empowering citizens, it confronts a number of issues that must be solved. Increasing public awareness, enhancing RTI process efficiency, and safeguarding RTI activists’ safety are vital to the organization’s long-term success. Going forward, RTI can play an important role in developing an informed and involved populace, which is necessary for a democratic society to function properly.

Written by Team Member- Ms. Tanishka Jain.

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